Lapeer County Intermediate School District
Bylaws & Policies
 

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

In accordance with Federal law, the Board of Education shall provide up to twelve (12) weeks of unpaid leave in any twelve (12) month period to eligible support staff members for one (1) or more of the following reasons:

 A.the birth of a child and/or the care of a newborn child within one (1) year of the child's birth;
 B.the placement of a child with the staff member by way of adoption or foster care and/or to care for the child within one (1) year of the child's placement;
 C.the staff member is needed to care for a spouse, parent (not parent-in-law), or dependent child (i.e., less than age eighteen (18) or age eighteen plus (18+), but incapable of self-care) if such individual has a serious health condition; or
 D.the staff member's own serious health condition prevents him/her from performing one (1) or more of the essential functions of his/her position.

An eligible staff member is entitled to FMLA leave on a pro-rated basis.

Service Member FMLA Leave

Leave Entitlement

Service Member FMLA Leave provides eligible staff members unpaid leave for one (1) or both of the following reasons:

 A.a "qualifying exigency" arising out of a covered family member's (i.e., spouse, parent (not parent-in-law), or child) active duty or call to active duty in the United States Armed Forces in support of a contingency plan. "Qualifying exigencies", as defined by Federal regulations, include the following:
  1.short-notice deployment;
  2.military events;
  3.childcare and school activities;
  4.financial and legal arrangements;
  5.counseling;
  6.rest and recuperation;
  7.post-deployment activities; or
  8.additional activities not encompassed in the other categories, but agreed to by the employer and staff member; or
 B.to care for a covered family member, including next of kin as provided by law, 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 his/her office, grade, rank, or rating.

Duration
 A.When leave is due to a "qualifying exigency", an eligible staff member may take up to twelve (12) work weeks of leave during any twelve (12) month period. Such leave shall be counted with General FMLA leave in calculating the twelve (12) weeks of allowable leave.
 B.When leave is to care for an injured or ill service member, an eligible staff member may take up to twenty-six (26) work weeks of 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. Such leave, when combined with other types of FMLA leave, may not exceed twenty-six (26) weeks in a single twelve (12) month period.
 C.Service Member FMLA leave runs concurrent with other leave entitlements provided under Federal, State, and local law.

General FMLA Leave

Eligibility

Support staff members are "eligible" if they have worked for the District 1) for at least twelve (12) months, and 2) for at least 1,250 hours over the twelve (12) months prior to the leave request. Service time may be aggregated when a break-in-service is less than seven (7) years for military obligation or subject to recall under a collective bargaining agreement.

The twelve (12) month period for determining hours worked and use of leave is defined as a rolling twelve (12) month period measured backward from the date a staff member uses FMLA leave (i.e. the "leave year" is specific to each individual staff member).

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

Definition of Serious Health Condition

Serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves one (1) or more of the following:

 A.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 the following:
  1.a period of incapacity of more than three (3) full and consecutive calendar days, as well as any 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 that results in a regimen of continuing treatment under the supervision of a healthcare provider (e.g., a course of prescription drugs or physical therapy);
   *The first visit to the healthcare provider must occur within seven (7) days of the first day of incapacity.
  2.any incapacity due to pregnancy or for prenatal care;
  3.any period of incapacity or treatment for such incapacity due to a chronic condition; (e.g., asthma, diabetes, and epilepsy);
  4.a period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective (e.g., cancer); 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) full and consecutive days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy, and kidney disease (dialysis); or
 C.conditions for which cosmetic treatment are administered are not "serious health conditions" unless inpatient hospital care is required or complications develop. Ordinarily, unless complications develop, the common cold, the flu, ear aches, upset stomachs, minor ulcers, headaches (other than migraines), routine dental or orthodontia problems, periodontal disease, and the like are conditions that do not meet this definition and do not qualify for FMLA leave.

Notice from Staff Member

Whenever the leave is foreseeable (i.e., birth of a child or placement of a child by way of adoption or foster care), the staff member shall provide the Superintendent or the Superintendent's designee with a thirty (30) day 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 staff member realizes the need for leave. Failure to follow the leave notice requirements may result in a delay of obtaining the leave. Staff members will still be required to comply with the District's absence reporting procedures.

When planning medical treatment, the staff member must consult with the Superintendent or the Superintendent's designee and make a reasonable effort to schedule the leave so as not to unduly disrupt the regular operation of the District, subject to the approval of the healthcare provider.

Use of Paid Leave

The Board shall require or the staff member may request to substitute any of his/her accrued paid leave for unpaid leave. In this event, the paid leave and the FMLA leave will run concurrently.

Both Spouses Employed by District

In cases in which the District employs both spouses, the total amount of FMLA leave is twelve (12)/twenty-six (26) weeks for the couple, except when the leave is due to the serious health condition of either spouse or a dependent child.

Intermittent or Reduced-Leave Schedule

The Superintendent or the Superintendent's designee may allow a staff member to take FMLA leave intermittently or on a reduced-leave schedule in the event of the birth of a child or placement of a child by way of adoption or foster care. 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, parent (NOT parent-in-law), or dependent child who 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 or the Superintendent's designee may require the staff member to transfer temporarily to an available alternative position when the intermittent or reduced-schedule leave is foreseeable and the transfer better accommodates recurring periods of leave. The alternative position shall have equivalent pay and benefits, but not necessarily equivalent duties.

Notice from District

The Superintendent or the Superintendent's designee will notify the staff member when the District intends to designate leave as FMLA leave. Such notice may be given verbally or in writing. When verbal notice is given, it will be followed by written notice within ten (10) 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 Superintendent or the Superintendent's designee does not have sufficient information about the reason for a staff member's use of paid leave, the Superintendent or Superintendent's designee may inquire further to ascertain whether the paid leave is FMLA-qualifying. Once the Superintendent or the Superintendent's designee learns that a paid leave is for an FMLA-qualifying reason, the Superintendent or the Superintendent's designee will promptly notify the staff member that the paid leave will count toward the staff member's twelve (12) week entitlement.

Certification

When FMLA leave is taken for the staff member’s own serious health condition or to care for a spouse, parent (not parent-in-law), or dependent child with a serious health condition, the staff member must provide medical certification from the staff member's healthcare provider or the spouse's, parent's, or dependent child's healthcare provider. Completed medical certifications should be submitted to the Superintendent or the Superintendent's designee 1) by the staff member or 2) by the healthcare provider upon direction of the staff member, which will generally require the staff member to furnish the healthcare provider with a HIPAA-compliant authorization.

When a staff member requests Service Member FMLA Leave, s/he must provide certification of a "qualifying exigency" or of the service member's injury or illness.

When the need for FMLA leave is foreseeable and at least thirty (30) days notice has been provided, the staff member must provide the certification before the leave begins. When this is not possible, the employee must provide the proper certification 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 required certifications may result in the denial of FMLA leave.

Medical Recertification

The District may request medical recertification for leave taken because of a staff member's own serious health condition or to care for a spouse, parent (not parent-in-law), or dependent child with a serious health condition no more than every thirty (30) days.

Disputes

Any dispute over eligibility for FMLA leave shall be discussed between the staff member and the Superintendent or the Superintendent's designee. The District shall be responsible for maintaining a record of this discussion.

Second and Third Opinions of Healthcare Providers

The Board 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, who will be jointly selected by the staff member's healthcare provider and the second healthcare provider and whose decision shall be binding and final. Second and third opinions from healthcare providers should be submitted to the Superintendent or the Superintendent's designee 1) by the staff member or 2) by the healthcare providers upon direction of the staff member, which will generally require the staff member to furnish the healthcare providers with a HIPAA-compliant authorization.

Failure to provide required opinions may result in the denial of FMLA leave.

Return-to-Work

A staff member who takes FMLA leave for his/her own serious health condition shall provide the District with a statement from his/her physician that s/he is able to resume work.

Upon return from any FMLA leave, the Board shall restore the staff member to his/her former position or to a position with equivalent employment benefits, pay, and conditions of employment.

Health Insurance Continuation

While a staff member is on either paid or unpaid FMLA leave, the Board shall maintain the staff member's current coverage under the District'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 a portion of the premium payments prior to going on FMLA leave, the staff member must continue to make those payments during the leave period. While a staff member is on unpaid FMLA leave, the staff member shall not accrue any paid-leave time or other benefits unless otherwise specified by a collective bargaining agreement or other employment contract.

The use of FMLA leave will not result in the loss of any employment benefits that accrued prior to the start of the leave.

If a 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 of the staff member or of the staff member's spouse, parent (not parent-in-law), or dependent child or for circumstances beyond the control of the staff member, the staff member shall reimburse the District for the health insurance premiums paid by the District during the unpaid FMLA leave period.

Miscellaneous

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

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

The Superintendent or the Superintendent's designee shall provide a copy of this policy to all staff members and retain a record of how and when this policy was distributed. A Notice of Rights and Obligations shall also be provided each time a staff member requests FMLA leave or the District has sufficient information to believe that a staff member may qualify for FMLA leave.

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 Superintendent or the Superintendent's designee.

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)

Adopted 3/9/94
Revised 5/20/09