Morgan County Schools
Bylaws & Policies
 

4430.03 - PARENTAL LEAVE ACT

The Parental Leave Act (West Virginia Code 21-5D-1, et seq.) requires that the Board allow at least up to 12 weeks of unpaid leave in any 12-month period, following the exhaustion of all annual and personal leave, for eligible employees who must miss work because of one of the following circumstances:

 A.because of the birth of a son or daughter of the employee

 B.because of the placement of a son or daughter with the employee for adoption

 C.in order to care for the employee’s son or daughter, spouse, parent or dependent who has a serious health condition

 D.an employee may take family leave on a part-time basis and on a part-time leave schedule, but the period during which the number of work weeks of leave may be taken may not exceed twelve consecutive months, and such leave shall be scheduled so as not to disrupt unduly the operations of the Board

The Board shall consider employees to be entitled to parental leave in accordance with the definitions, criteria and notice procedure set forth in the Parental Leave Act. No policy, procedure or action by the Board shall constitute a waiver of the requirements of the Parental Leave Act. The following explanation of the Parental Leave Act is provided for general information only. Any specific questions or requests for parental leave should be directed to the Assistant Superintendent.

Employee Eligibility

The Board shall consider employees to be eligible for Parental Leave in accordance with the criteria set forth in the Parental Leave Act. The eligibility criteria are generally described as follows: A full-time employee who has worked at least twelve (12) consecutive weeks for the Board. The Superintendent shall not be considered an employee for the purpose of this policy.

Serious Health Condition

The Parental Leave Act defines a serious health condition as a physical or mental illness, injury or impairment that involves one of the following situations:

 A.inpatient care in a hospital, hospice or residential health care facility, or

 B.continuing treatment, health care or continuing supervision by a health care provider

Leave Request Process

A. Employee Designated Leave:

If a leave because of birth or adoption is foreseeable, the employee shall provide two weeks’ written notice of such expected birth or adoption. If a leave under this section is foreseeable because of planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment or supervision so as not to disrupt unduly the operations of the Board, subject to the approval of the health care provider of the employee’s son, daughter, parent or dependent; and the employee must provide his/her supervisor with written notice two weeks prior to the expected birth or adoption; or for the medical treatment; or for the supervision of a dependent. Failure to submit a timely written request may be cause for denial.

 B.Leave Period:
  Effective January 1, 2010, the Board shall use the rolling backward method of calculating how much Parental Leave Act leave is available or remaining.

Physician Certification

If an employee requests family leave to care for a family member with a serious health condition, The Board may require the employee to provide certification by a health care provider of the health condition. The certification shall be sufficient if it contains the following:

 A.that the child, dependent, parent or employee has a serious health condition

 B.the date the serious health condition commenced and its probable duration, and

 C.the medical facts regarding the serious health condition

Other Benefits During Parental Leave

Nothing in this policy entitles any returning employee to the accrual of any seniority or employment benefits during any period of family leave. During any family leave by an employee, the Board shall continue group health insurance coverage for such employee: Provided, That the employee shall pay the employer the premium costs of such group health insurance coverage. The Board shall not, because an employee received family leave or medical leave, reduce or deny any employment benefit or seniority which accrued to the employee before leave commenced.

Confidentiality of Medical Information

As with all other medical information, parental leave information will be maintained in a confidential medical file.

Failure to Return to Work at Completion of Leave

Under certain circumstances, if an employee fails, without good reason, to return to work at the conclusion of the leave granted under the Parental Leave Act, the Board may be entitled to recover its cost of the health care premium directly from the employee. In addition, an employee who fails to return to work at the conclusion of leave taken under the Parental Leave Act may be subject to disciplinary action, up to and including termination of employment.

Disciplinary Action

The Parental Leave Act was enacted to allow employees the ability to balance work and family life without losing their jobs. The Board strongly supports the purpose of this law. It is important; however, that employees do not take leave for purposes other than that which the Parental Leave Act designates. An employee providing false or misleading information in his/her request for leave under the Parental Leave Act will be subject to disciplinary action, up to and including termination.

West Virginia Code 21-5D-1, et seq.

Adopted 6/1/10