4430.01 - FAMILY & MEDICAL LEAVES OF ABSENCE ("FMLA")

Evansville-Vanderburgh School Corporation

Bylaws & Policies

4430.01 - FAMILY & MEDICAL LEAVES OF ABSENCE ("FMLA")

In accordance with Federal law, the School Corporation shall provide up to twelve (12) weeks of unpaid FMLA leave in a twelve (12) month period to eligible support staff members for the following reasons:

	A-1.	The birth of a child and/or the care of a newborn child within one (1) year of the child's birth;

	B-1.	The placement of a child with the staff member by way of adoption or foster care and/or to bond with and care for the child within one (1) year of the child's arrival;

	C-1.	The staff member is needed to care for an immediate family member (spouse, son or daughter under 18 years old and over that is incapable of self-care, or parent) if such individual has a serious health condition;

	D-1.	The staff member’s own serious health condition prevents him/her from performing the functions of his/her position; or

	E-1.	The staff member experiences a "qualifying exigency" arising from the fact that the staff member’s spouse, child (of any age) or parent has been called to or is on active military duty of any branch of the Armed Services and is deployed or called to active duty in a foreign country.

Military Caregiver FMLA Leave

A staff member may take Military Caregiver FMLA leave to care for a covered family member, including next of kin as provided in the statute, who has incurred an injury or illness in the line of duty while on active duty in the United States Armed Forces, including the National Guard and Reserves, provided that such injury or illness may render the family member medically unfit to perform duties of the member’s office, grade, rank, or rating.

An eligible employee may take up to twenty-six (26) work weeks of unpaid leave during a single twelve (12) month period to care for the service member who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. This is a one time benefit per service member per covered injury. Leave to care for an injured or ill service member, when combined with other FMLA-qualifying leave, may not exceed twenty-six (26) weeks in a single twelve (12) month period. This single 12-month period begins on the first day an eligible staff member takes Military Caregiver FMLA leave and ends 12 months after that date. Military Caregiver FMLA leave runs concurrent with other leave entitlements provided under Federal, State, and local law.

General Provisions & Definitions

Staff members are "eligible" if they have worked for the School Corporation for at least twelve (12) months and for at least 1,250 hours over the twelve (12) months prior to the leave request. Months and hours that reservists or National Guard members would have worked if they had not been called up for military service count towards the staff member’s eligibility for FMLA leave/Military Caregiver FMLA Leave. Employment service time may be aggregated when the break in employment service is less than seven (7) years, is for fulfillment of military obligations, or if the employee is subject to recall under a written agreement (NOTE: this includes a collective bargaining agreement).

The 12-month period over which qualified leave may be taken is a rolling period measured backward from the date an employee uses any FMLA leave.

For Military Caregiver FMLA Leave, the use of the twenty-six (26) weeks will be measured forward from the first date on which the employee takes this form of leave.

Serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves:

inpatient care (i.e., an overnight stay), including any period of incapacity or any subsequent treatment in connection with such inpatient care; or

B.	continuing treatment by a healthcare provider, including:

	1.	a period of incapacity of more than three (3) consecutive full calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves either in-person treatment two (2) or more times by a healthcare provider within thirty (30) days of the first date of incapacity, absent extenuating circumstances beyond the employee’s control, or in-person treatment by a healthcare provider on at least one (1) occasion within seven (7) days of the start of the incapacity which results in a regimen of continuing treatment under the supervision of a healthcare provider;

	2.	any period of incapacity due to pregnancy or for prenatal care;

	3.	any period of incapacity or treatment for such incapacity due to a chronic serious health condition requiring periodic visits of at least twice a year which continues over an extended period of time and may cause episodic rather than continuing periods of incapacity (e.g., asthma, diabetes, epilepsy, etc.);

	4.	a period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective during which the staff member (of family member) must be under the continuing supervision of a health care provided (e.g., Alzheimer’s, severe stroke or terminal stages of a disease); or

	5.	any period of absence to receive multiple treatments by a healthcare provider either for restorative surgery after an accident or other injury or for a condition that would likely result in a period of incapacity of more than three (3) consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), or kidney disease (dialysis).

	C.	Examples of serious health conditions are heart attacks, heart conditions requiring heart bypass or valve operations, most cancers, chemotherapy or dialysis treatments, back conditions requiring extensive therapy or surgical procedures, strokes, severe respiratory conditions, spinal injuries, appendicitis, pneumonia, emphysema, severe arthritis, severe nervous disorders, injuries caused by serious accidents on or off the job, severe morning sickness, the need for prenatal care, childbirth and recovery from childbirth.

		Conditions for which cosmetic treatment are administered are not "serious health conditions" unless inpatient hospital care is required or complications develop. Ordinarily, unless complications arise, the common cold, the flu, bronchitis, ear aches, upset stomachs, minor ulcers, headaches other than migraines, routine dental or orthodontia problems, periodontal disease, etc., are conditions that do not meet this definition and do not qualify for FMLA leave.

"Qualifying Exigency" referenced in Section E-1 above refers to the following circumstances:

	=	Short-notice deployment: to address issues arising when the notification of a call or order to active duty is seven (7) days or less;

	=	Military events and related activities: to attend official military events or family assistance programs or briefings;

	=	Childcare and school activities: for qualifying childcare and school related reasons for a child, legal ward or stepchild of a covered military member;

	=	Financial and legal arrangements: to make or update financial or legal affairs to address the absence of a covered military member;

	=	Counseling: to attend counseling provided by someone other than a health care provider for oneself, for the covered military member, or child, legal ward, or stepchild of the covered military member;

	=	Rest and recuperation: to spend up to five (5) days for each period in which a covered military member is on a short-term rest leave during a period of deployment;

	=	Post-deployment activities: to attend official ceremonies or programs sponsored by the military for up to 90 days after a covered military member’s active duty terminates or to address issues arising from the death of a covered military member while on active duty;

	=	Additional activities: for other events where the Company and the Associate agree on the time and duration of the leave.

Intermittent and Reduced Schedule Leave

Leave taken following the birth or placement of a child or for the care of a child following birth or placement and not for a serious health condition generally cannot be taken intermittently or on a reduced leave schedule. However, intermittent or reduced schedule leave may be taken if certified as medically necessary if the mother has a serious health condition in connection with the birth of her child or if the child has a serious health condition. (See A-1 or B-1 on page one).

A staff member may take FMLA leave on an intermittent or reduced-leave schedule when medically necessary for his/her own serious health condition or to care for a spouse, parents, or dependent child with a serious health condition (see C-1 and D-1 on page one) or for Military Caregiver FMLA Leave. Qualified exigency leave (see E-1 on page one) may be taken on an intermittent or reduced-schedule basis without regard to medical necessity.

The taking of such forms of leave results in the total reduction of the twelve (12) or twenty-six (26) weeks only by the amount of leave actually taken.

If the intermittent or reduced-leave schedule is foreseeable based on planned medical treatment or the staff member is taking Military Caregiver FMLA Leave, the FMLA Coordinator may require the staff member to transfer temporarily to an available alternative position which better accommodates recurring periods of leave. The alternative position shall have equivalent pay and benefits but not necessarily equivalent duties.

Staff Member Notice Requirements

When requesting leave, staff members must supply sufficient information so that the Corporation is aware that FMLA may apply to the leave request as well as information regarding the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for Military Caregiver or qualified exigency leave. Staff members must also inform the Corporation if the requested leave is for a reason for which FMLA leave was previously taken or certified and cooperate with all requests for information regarding whether absences are FMLA-qualifying.

When the need for leave is foreseeable, the staff member shall provide the FMLA Coordinator with thirty (30) days advance notice. If there is insufficient time to provide such notice because of unforeseeable events, the staff member shall provide such notice as soon as possible and practical, generally not later than the next business day after the employee realizes the need for leave. Failure to follow the leave notice requirements may result in delay of obtaining the leave. Employees will still be required to comply with the absence reporting procedures at their buildings.

When planning medical treatment or taking leave pursuant to Military Caregiver FMLA leave, the staff member must consult with the FMLA Coordinator and make every reasonable effort to schedule the leave so as not to unduly disrupt the regular operations of the Corporation, subject to the approval of the healthcare provider.

Substitution of Paid Leave

Unless otherwise provided in a collective bargaining agreement, staff members may choose or the Corporation will require the use of accrued paid leave while taking FMLA leave as described herein. Thus, staff members will be required to use all accrued paid vacation, personal days or paid sick leave as part of any otherwise unpaid portion of FMLA leave taken because of the staff member’s own serious health condition or the serious health condition of a family member or to care for a seriously ill or injured family member in the military. In addition, staff members must use any accrued paid vacation, personal days (but not paid sick leave) during FMLA leave taken to care for a newborn or newly placed child or for a qualifying exigency arising out of a family member’s active duty or call to active duty status in support of contingency operations.

The combination of vacation, personal days, sick leave and unpaid workdays will comprise the 12 or 26 workweek periods. In addition, if the leave is being taken for a staff member’s own serious health condition and that serious health condition also entitles the staff member to leave under a company-provided disability program or to a worker's compensation absence, these leaves will run concurrently for purposes of both the disability plan and the FMLA leave entitlement.

If the staff member has not earned or accrued adequate paid leave to encompass the entire twelve (12) week period of FMLA leave or twenty-six (26) week period of Military Caregiver FMLA leave, the staff member’s additional weeks of leave to obtain the twelve (12) weeks of FMLA leave or twenty-six (26) weeks of Military Caregiver FMLA Leave shall be unpaid.

Corporation Notice Requirements

Staff members requesting FMLA will be told whether they are eligible for leave and of their rights and responsibilities when taking leave under the FMLA. The FMLA Coordinator will notify the staff member when the Corporation intends to designate leave as FMLA-qualifying. Such notice may be given orally or in writing and should be given within five (5) business days of the request. When verbal notice is given, it will be followed by written notice within five (5) business days. In the case of intermittent or reduced schedule leave, only one (1) such notice is required unless the circumstances regarding the leave have changed. If the FMLA Coordinator does not have sufficient information about the reason for the staff member’s use of paid leave, the FMLA Coordinator may inquire further to ascertain whether the paid leave is FMLA-qualifying. Once the FMLA Coordinator learns that a paid leave is for an FMLA leave-qualifying reason, the FMLA Coordinator will notify the staff member within five (5) business days that the paid leave will count toward either the staff member's twelve (12) or twenty-six (26) week FMLA-leave entitlement. The notification will indicate whether the employee is required to provide a fitness-for-duty certification to return to work.

Limits

In cases in which the School Corporation employs both spouses, the total amount of FMLA leave is twelve (12) weeks for the couple, except when the leave is due to the serious health condition of either spouse or a child. Additionally, the aggregate number of work weeks of leave to which both the husband and wife may be entitled pursuant to this policy is limited to twenty-six (26) work weeks during the single twelve (12) month period provided for in the Military Caregiver FMLA Leave provision if the leave is taken pursuant to Military Caregiver FMLA Leave or a combination of general FMLA leave and Military Caregiver FMLA Leave.

Certifications

When FMLA leave is taken for the staff member’s own serious health condition or to care for a spouse, parent, or dependent child with a serious health condition (see C-1 and D-1 on page one), or Military Caregiver FMLA Leave is taken, the staff member must provide an original, fully completed medical certification from the healthcare provider of the eligible staff member (Form WH-380-E), his/her immediate family member, or the next of kin of the individual (Form WH-380-F or WH-385) A separate certification (Form WH-384) may be required regarding the nature of the family member’s military service and/or existence of a qualifying exigency in the case of leaves taken for the reason noted at E-1 above.

The staff member either:

	A.	submit the medical certification to the FMLA Coordinator; or

	B.	direct the healthcare provider to transfer the medical certification directly to the FMLA Coordinator, which will generally require the staff member to furnish the healthcare provider with a HIPAA-compliant authorization.

In the event the staff member fails to provide a required certification, any leave taken by the employee is not FMLA leave/Military Caregiver FMLA Leave.

When the need for FMLA leave is foreseeable and at least thirty (30) days' notice has been provided, the staff member must provide the medical certification before the leave begins. When this is not possible, the employee must provide the requested certification to the FMLA Coordinator within fifteen (15) calendar days after the staff member requests FMLA leave unless it is not practicable under the circumstances to do so despite the staff member's diligent and good faith efforts. Failure to provide a required certification in a timely manner may result in denial of the leave until it is provided.

Depending on the circumstances and duration of FMLA leave, the School Corporation may require staff members to provide recertification of medical conditions giving rise to the need for leave. Staff Members will be notified when recertification is required and will allow at least fifteen (15) calendar days to provide such recertification.

Any dispute over eligibility for FMLA leave shall be discussed between the employee and FMLA Coordinator. The Corporation shall be responsible for maintaining a record of those communications.

The School Corporation reserves the right to obtain, at its expense, the opinion of a second healthcare provider and, in the event of conflict, the opinion of a third healthcare provider whose decision shall be binding and final. The staff member may either:

	A.	submit the opinion of the second healthcare provider, and the opinion of the third healthcare provider if applicable, to the FMLA Coordinator; or

	B.	direct the second or third healthcare provider to transfer his/her opinion directly to the FMLA Coordinator, which will generally require the staff member to furnish the healthcare provider with a HIPAA-compliant authorization.

In the event that the staff member fails to provide the medical opinion of the second or third healthcare provider, if applicable, any leave taken by the staff member is not FMLA leave.

A staff member who takes leave for reason (D-1) on page one, prior to returning to work, must provide the FMLA Coordinator with a statement from his/her healthcare provider that s/he is able to resume work.

Return from Leave

Upon return from any FMLA leave, the School Corporation will restore the staff member to his/her former position or to a position with equivalent employment benefits, pay and conditions of employment. Exceptions to this provision may apply if business or other circumstances have changed (e.g., if the employee’s position is no longer available due to a job elimination). During FMLA leave, the School Corporation shall maintain the staff member's current coverage under the School Corporation's group health insurance program on the same conditions as coverage would have been provided if the staff member had been continuously working during the leave period. If the staff member was paying all or part of the premium payments prior to going on FMLA leave, the staff member must continue to pay his/her share during the leave.

The staff member shall not accrue any sick leave, vacation, or other benefits during a period of unpaid FMLA leave.

The use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of the staff member's leave.

If the staff member fails to return to work at the end of the leave for reasons other than the continuation, recurrence, or onset of a serious health condition that entitles the staff member to leave pursuant to reasons (C-1) or (D-1) above or Military Caregiver FMLA Leave, or for circumstances beyond the control of the staff member, the staff member shall reimburse the School Corporation for the health insurance premiums paid by the School Corporation during the unpaid FMLA leave period. A staff member who fails to return within two (2) days at the end of FMLA leave and who is not eligible or approved for additional leave will in most cases be considered to have voluntarily resigned his/her position with the School Corporation.

A staff member who fraudulently obtains FMLA leave is not protected by this policy's job restoration or maintenance of health benefits provisions.

Other Employment

Staff Members on an approved leave of absence may not engage in any form of self-employment or perform work for any other employer during that leave, except when the leave is for military or public service or when the other employment has been approved in writing in advance by the School Corporation and the staff member’s reason for leave does not preclude the outside employment. Staff Members who violate this policy or who use a leave of absence or a request for leave as a subterfuge for any other reason may be disciplined up to and including discharge.

Policy Construction & Administration

The FMLA Coordinator shall prepare any guidelines that are appropriate for this policy and ensure that the policy is posted properly.

In any areas where discretion is allowed in the implementation of this policy or its guidelines for implementation, such discretion shall be exercised in a non-discriminatory manner. Similarly situated persons shall be treated similarly.

The FMLA Coordinator shall provide a copy of the policy to all staff members, and retain a record of how and when the policy was distributed. A notice of Rights and Obligations shall also be provided each time an employee requests FMLA leave or the Corporation has sufficient information to believe that the employee may qualify for FMLA leave.

It is the intent of the School Corporation and its officials that the approval, denial and administration of leave under this policy will be governed by the Family Medical Leave Act of 1993, as amended, and its published regulations, as applied and interpreted by the FMLA Coordinator. EVSC will not discriminate or retaliate against employees as a result of, or interfere with, the approved use of FMLA leave or a proper request for such leave. If a staff member has any questions or concerns or for additional information and details about the FMLA and your rights and obligations please contact the Leave Coordinator in the Office of Human Resources.

29 U.S.C. 2601 et seq.
29 C.F.R. Part 825
P.L. 110-181, Sec. 585 – National Defense Authorization Act (January 28, 2008)

Revised 8/9/10