Van Buren Intermediate School District
Administrative Guidelines
 

4430.01B - FAMILY MEDICAL LEAVE ACT

The following rules are based on the final regulations issued by the Federal government.

 A.The greater than three (3) day requirement under the serious health condition definition has not been revised, but episodic conditions such as asthma, diabetes, epilepsy, and morning sickness of three (3) days or less are now covered by the serious health condition definition. Illnesses such as colds, flu, ear aches, upset stomach, minor ulcers, headaches (other than migraines), and routine dental problems are not serious health conditions unless complications arise.
 B.Under its no-fault attendance plan, the District shall count as an occurrence an absence which has not been designated as FMLA leave (based on information provided by the staff member, by the Board before return, or by an administrative staff member) within two (2) business days of the staff member's return to work.
 C.The District shall provide a written response, using
Form 3430.01 F2, to a staff member making a request for FMLA leave specifying the procedures for administering such leaves.

 D.The District shall also use the Medical Certifications
Form (3430.01 F3) developed by the Government. No additional information can be required from the staff member for the purposes of considering an FMLA request.

 E.Only the District's health care provider may follow-up with the staff member's health care provider regarding the medical certification - and then only with the staff member's permission. The scope of the follow-up inquiry is specifically limited.
 F.A staff member's return to work cannot be delayed while inquiry is made regarding any fitness-for-duty medical examination. No second or third fitness-for-duty certifications shall be required.
 G.The District shall not require a staff member eligible for FMLA leave to return to restricted duty work under a workers' compensation program during the period of FMLA leave availability.
 H.If a staff member would like to return to work before the end of an academic semester, but the District requires the staff member to remain on leave until the next academic semester, that additional leave time will not count against the staff member's twelve (12) week FMLA allotment.
 I.Satisfying the twelve (12) weeks of leave requirement under the FMLA does not automatically establish that any additional leave granted to the staff member would be an undue hardship under the Americans with Disabilities Act. Each individual case shall be examined to determine whether leave in excess of twelve (12) weeks poses an undue hardship.