| Bad Axe Public Schools |
| Bylaws & Policies |
4430.01 - FAMILY LEAVES OF ABSENCE
In accord with Federal law, the Board of Education shall provide up to twelve (12) work weeks of unpaid leave to all support staff members working 1250 hours or more during any contract year for one of the following reasons:
| A. | the birth or care of a child | |
| B. | the adoption or foster care of a child | |
| C. | the care of a spouse, son, daughter, or parent if such individual has a serious health condition | |
| D. | a serious health condition of the staff member which disables him/her from performing the functions of his/her position. Such a condition may be an illness, injury, impairment, or physical or mental condition that involves in-patient care in a hospital, hospice, or residential medical facility or requires continuing treatment by a health-care provider (M.D. or D.O.). |
If the Superintendent and the staff member agree, such leave may be taken intermittently or on a reduced-leave schedule in the event of the birth, adoption, or foster care of a child. A staff member has the right, however, to take intermittent or reduce-leave schedule (half days) when medically necessary to care for a spouse, child, or parent who has a serious health condition, or if the staff member has a serious health condition. In both cases, the taking of such leave results in the total reduction of the twelve (12) weeks only by the amount of leave actually taken.
The Superintendent may require the staff member to transfer temporarily to an alternative position at the same compensation when the intermittent or reduced-schedule leave is foreseeable and the transfer better accommodates recurring periods of leave, if the leave periods exceed twenty percent (20%) of the total number of workdays encompassing the period of anticipated leave.
Whenever the leave is necessitated by the serious health condition of the staff member or his/her family member, and is foreseeable based on planned medical treatment, the staff member shall provide the Superintendent with thirty (30) day's notice. If there is insufficient time to provide such notice because of the need for treatment, the staff member shall provide such notice as early as practicable. The staff member shall make reasonable efforts to schedule treatments so as not to unduly disrupt the regular operation of the District.
The Board shall require or the staff member may request that all accrued paid vacation leave, medical or sick leave, or personal leave be used to substitute for the family leave described in this policy. In cases in which the District has employed both the husband and the wife, the total amount of family leave is twelve (12) weeks for the couple, except when the leave is due to the serious health condition of either the husband or the wife.
In the case of a health condition of a family member, the Superintendent is directed to obtain medical certification from the physician of the staff member or his/her family member, including:
| A. | the date the serious health condition began | |
| B. | the probable duration | |
| C. | appropriate medical facts regarding the condition | |
| D. | a statement that the staff member is needed to care for the family member | |
| E. | an estimate of the amount of time needed for such care. |
In the event of the staff member's own health condition, a statement from his/her physician will be required which states that the staff member is unable to perform the functions of his/her position. Any leave or return from leave during the last five (5) weeks of an academic term shall be reviewed individually by the Superintendent to ensure minimal disruption to the students' program.
The Board reserves the right to obtain, at its expense, the opinion of a second health provider and, in the event of conflict, the opinion of a third health provider whose decision shall be binding and final.
The staff member shall provide the District with a statement from his/her physician that s/he is able to assume full-time responsibilities for his/her position.
At the end of any leave described in this policy, the Board shall restore the staff member to his/her former position or to one that is equivalent in responsibility and compensation. During a family leave, the Board shall maintain the staff member's current coverage under the District's health insurance program, but the staff member shall not accrue any sick leave, vacation, or other benefits during the leave period.
Should the staff member elect not to return to work at the end of the leave for reasons other than the continuation, recurrence, or onset of the health condition that gave rise to the leave or for circumstances beyond the control of the staff member, the staff member shall reimburse for District for the health insurance premiums paid by the District during the leave period.
The Board may not restore the position of any staff member whose salary is among the highest ten per cent (10%) of those paid by the Board when it deems that such staff member's absence from the District will create a substantial disruption to District operations.
The Superintendent shall prepare any guidelines which are appropriate for this policy and ensure that the policy is posted properly and that each staff member receives a copy of both the policy and the guidelines.
Family and Medical Act of 1993
P.L. 103-03 Section 107 stat. 6 (1993)