The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.

4430.01 - FMLA LEAVE

An employee who is pregnant or ill shall be granted extended leave without pay at the employee's request. A supporting health care provider's statement shall be submitted at the time the leave is requested, as well as prior to returning to work at the conclusion of the leave.

Parental leave shall also be provided, upon request, to male employees and adoptive parents of infants (one year of age or less), when accompanied by supporting documentation establishing the date of birth or date of adoption, as applicable. Parental leaves may begin no later than the end of the first year after the date of the child's birth or adoption. The maximum period for which a parental leave may be granted is one year.

Employees on extended parental or illness of self leave without pay may request, with their health care provider's concurrence, to be employed in a part-time or substitute capacity on a limited basis during the leave. Approval of a request for employment while on leave is solely within the discretion of the Superintendent.

The full text of provisions governing Extended Parental/Illness of Self/Leave Without Pay are contained in each bargaining unit's labor contract and these provisions shall govern the administration of such leaves.

A sick employee who has exhausted all sick leave to which s/he is entitled shall be considered automatically on leave without pay (not to exceed thirty (30) consecutive workdays), with the Board’s approval, until such employee returns to work. Leave without pay for illness is considered only a protection of one’s employment rights.

Approval of parental, illness of self, and illness of relative leaves of absence which meet the criteria of the Family Medical Leave Act (FMLA) constitutes designation of FMLA entitlement. Any paid or unpaid leave taken prior to the Board-approved leave, which is a result of a FMLA-qualifying event, will be counted as part of the FMLA leave entitlement.

F.S. 110.221, 1012.61
29 U.S.C. 2601 et seq. (as amended)
29 C.F.R. Part 825
45 C.F.R. Part 160, 164
National Defense Authorization Act of 2010

Revised 6/17/15

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