If eligible for paid leave, School City will require the employee to take a portion or all of the leave as paid leave. If paid leave benefits are used, the twelve (12) work weeks limit for the FMLA leave is not extended.

The right to take leave under FMLA applies equally to male and female employees. FMLA leave can begin before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed. There is no age limit on a child being adopted or placed for foster care for purposes of determining eligibility for leave. An employee’s entitlement to leave for a birth or placement for adoption or foster care expires at the end of the twelve (12) month period beginning on the date of the birth or placement. Any such FMLA leave must be concluded within this one (1) year period.

A husband and wife who are eligible for FMLA leave and are employed by the School City of Mishawaka are permitted to take only a combined total of twelve (12) weeks of leave during any twelve (12) month period if the leave is taken:

FMLA leave may be taken "intermittently or on a reduced leave schedule" under certain circumstances. "Intermittent Leave" is leave taken in separate blocks of time due to a single illness or injury. "Reduced Leave Schedule" is a leave schedule that reduces an employee’s usual number of working hours per work week or hours per work day. Special rules apply to instructional employees, which may require the employee to either take leave for a period or periods of a particular duration or transfer temporarily to an available alternative position.

An employee returning to work from an FMLA leave for medical leave must obtain and present to the Executive Director for Human Resources certification from the health care provider that the employee is able to resume work. This certification is a statement of the employee’s ability to resume normal work activities.

No certification is required when an employee is returning to work from an FMLA leave for care of a family member or child care leave.

Upon return to work from an FMLA leave, the employee is entitled either to be returned to the same position the employee held when the leave commenced or to an equivalent position with equivalent benefits, pay, and other terms and condition of employment. (For employees covered by a collective bargaining agreement, the agreement language pertaining to "return from leaves" applies.)

During any FMLA leave, the School City of Mishawaka must maintain the employee’s coverage under any group health plan on the same conditions.

The coverage that would have been provided if the employee had been continuously employed during the entire leave period. An employee may choose not to retain health coverage during FMLA leave. When an employee who chooses not to retain health coverage returns from leave, the employee is entitled to be reinstated on the same terms as prior to taking the leave, without any qualifying period, physical examination, exclusion of preexisting conditions, etc.

Any share of health plan premiums which had been paid by the employee prior to FMLA leave must continue to be paid by the employee during the FMLA leave period. If premiums are raised or lowered, the employee will be required to pay the new premium rates. If the leave is unpaid and the employee has elected to retain the health insurance coverage, payment is due on the same date as it would have been if the employee had been on regular payroll deduction. Within seven (7) days of receipt by the school corporation of notification of intent to take FMLA leave, the employee will be provided with advance written notice of the terms and conditions under which the insurance premium payments must be made.

The FMLA requires that the School City of Mishawaka shall make, keep, and preserve records pertaining to their obligations under the Act in accordance with the Fair Labor Standards Act. Records and documents relating to medical certifications, recertifications, or medical histories of employees or employees’ family members shall be maintained in separate files from the other FMLA leave data and be treated as confidential medical records.

An employee who believes that his/her rights under the FMLA have been violated has the choice of:

When FMLA leave is taken for either the staff member is need to care for a spouse, son, daughter, or parent if such individual has a serious health condition (see (C) on page one) or the staff member's own serious health condition prevents him/her from performing the functions of his/her position (see (D) on page one), the staff member must provide medical certification from the healthcare provider of the eligible staff member or his/her immediate family member (see Form 3430.01 F2). The staff member may either:

In the event the staff member fails to provide medical certification, any leave taken by the employee is not FMLA leave.

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 whose decision shall be binding and final. The staff member may either:

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

A. Year Defined

Eligible employees may take up to 12-weeks of leave in a designated 12-month period. School City recognizes a "rolling" 12-month period that begins on the date any employee first uses any FMLA leave; the 12-month period would begin at a different date for each employee.

29 U.S.C. 2601 et seq.
29 C.F.R. Part 825
45 C.F.R. Part 160, 164

Revised 8/05