The Vandalia-Butler City School District ("Vandalia-Butler") will provide family and medical leaves of absence to eligible employees who are temporarily unable to work due to one or more of the following reasons:

The maximum total amount of time available to an eligible employee for FMLA leave is 12 work weeks during the rolling 12 month period measured forward from the date the employee’s first FMLA leave begins or 26 work weeks to care for a covered servicemember during a single rolling 12 month period.

Vandalia-Butler will calculate all FMLA leave using the rolling method. Under this method, the amount of available FMLA leave to the employee will be calculated by determining the amount of leave used by an employee during the 12 months prior to the date the leave is requested and subtracting that number from the maximum amount of leave permitted by the FMLA under the circumstances. The remaining balance is the amount of FMLA leave that the employee is entitled to take at that time.

Any employee employed by Vandalia-Butler for at least 12 months (need not be consecutive) and with at least 1,250 hours worked during the 12 month period immediately preceding the start date of the leave of absence is eligible for Family and Medical Leave pursuant to this policy.

Except as set forth below, employment periods prior to a break in service of 7 years or more need not be counted in determining whether the employee has been employed by Vandalia-Butler for at least 12 months. Employment periods preceding a break in service of more than 7 years must be counted, however, where the break in service is due to the fulfillment of the employee’s National Guard or Reserve military service obligation or the existence of a written agreement confirming Vandalia-Butler’s intention to rehire the employee after the break in service.

Under the Uniformed Services Employment and Reemployment Rights Act ("USERRA"), members of the uniformed services returning to work after military service will receive credit for any months and hours of service he would have been employed but for the period of military service in determining FMLA eligibility.

Where the necessity for a family, medical or servicemember leave is foreseeable, the employee must give notice by requesting leave at least 30 days prior to the onset of the leave. If 30 days’ notice is not practicable (e.g., lack of knowledge when leave will start, change in circumstances, medical emergency), the employee must give such notice as soon as practicable. If the employee fails to provide Vandalia-Butler at least 30 days’ notice of foreseeable leave, Vandalia-Butler may require the employee to explain why such notice was not practicable.

Ordinarily, an employee will be required to complete a Request for Leave of Absence Form to request FMLA leave. At a minimum, notice of a request for FMLA leave must make Vandalia-Butler aware that the employee needs FMLA-qualifying leave, the anticipated timing and duration of the leave, and the anticipated start date. Employees must also notify their immediate supervisor of the need for leave. The employee must respond to Vandalia-Butler’s questions designed to determine whether an absence is potentially FMLA-qualifying. Failure to respond to reasonable inquiries may result in the denial of FMLA protection if Vandalia-Butler is unable to determine whether the leave is FMLA-qualifying.

Absent extenuating circumstances, an employee will be provided with a "Notice of Eligibility and Rights & Responsibilities" notice within 5 business days after the employee requests FMLA leave or when Vandalia-Butler acquires knowledge that an employee’s leave may be for an FMLA-qualifying reasons. Eligibility is determined (and notice provided) at the start of the first instance of leave for each FMLA-qualifying reason in the applicable 12 month period. If an employee is not eligible for leave, the eligibility notice will list at least 1 reason why he is not eligible.

For an FMLA Leave requested because of the employee’s own "serious health condition" that makes the employee unable to perform 1 or more of the essential functions of the employee’s position or because the employee needs to care for the employee’s spouse, child, or parent who has a serious health condition, the employee must submit a medical certification (on a provided form) to Vandalia-Butler. Vandalia-Butler has adopted the Medical Certification Form approved by the Department of Labor, which is attached to this policy. The medical certification, based on reasonable medical certainty, in part, must verify that the employee is unable to work at all or is unable to perform any 1 of the essential functions of the employee’s job or position because of a serious health condition or that the employee’s parent, spouse, or child is affected by a serious health condition and requires care by the employee.

The employee must provide the medical certification within 15 calendar days after Vandalia-Butler’s request -- unless it is not practicable to do so despite the employee’s diligent, good faith, efforts. Such other medical information as Vandalia-Butler requests, and is permitted by law, may be required. In case of foreseeable leave, if an employee fails to provide certification in a timely manner, then Vandalia-Butler may deny FMLA coverage until the required certification is provided. In case of unforeseeable leave, and absent extenuating circumstances, if the employee fails to timely return the certification, Vandalia-Butler can deny FMLA protection until a sufficient certification is provided. If the employee never produces the certification, the leave is not FMLA leave. If the employee does not produce the certification after reasonable requests by Vandalia-Butler, Vandalia-Butler reserves the right to decline to treat the leave as FMLA-qualifying, or Vandalia-Butler may designate the leave as FMLA leave consistent with the information Vandalia-Butler possesses at the time of determination.

The employee must provide a complete and sufficient certificate to Vandalia-Butler. If he does not, Vandalia-Butler will notify the employee, in writing, what additional information is necessary to make the certification complete and sufficient. The employee has 7 calendar days to cure the deficiencies – unless not practicable under the circumstances despite the employee’s diligent, good faith efforts. If the deficiencies are not cured in the resubmitted certification, Vandalia-Butler may deny the taking of FMLA leave.

Where family care leave or leave for an employee’s serious health condition is foreseeable, based on planned medical treatment, the employee shall make a reasonable effort to schedule the treatment so as not to unduly disrupt Vandalia-Butler’s operations, subject to approval of the health care provider as to scheduling.

The first time an employee requests Active Duty Leave, Vandalia-Butler will require the employee to provide a copy of the covered military member’s active duty order or other documentation issued by the military which indicates the covered military member is on active duty or call to active duty status in support of a contingency operation and the dates of thecovered military member’s active duty service. That documentation need only be provided 1 time. If, however, there is a different "qualifying exigency" involving that same covered military member or an active duty (or call to) situation involving a different covered military member, Vandalia-Butler will require additional documentation. Employees will be required to complete a "Certification of Qualifying Exigency For Military Family Leave" form.

When leave is taken to care for a covered servicemember with a serious injury or illness, Vandalia-Butler will require a certification (on a provided form) to support the need for leave. The certification may be completed by any one of the designated health care providers listed on the provided form. Vandalia-Butler also will accept (instead of the provided certification form) as sufficient, "invitational travel orders" (ITO’s) or "invitational travel authorizations" (ITA’s) issued to any family member to join a seriously injured or ill covered servicemember at the servicemember’s bedside. Vandalia-Butler may require confirmation of the covered family relationship to the covered servicemember.

Consistent with the provisions of the FMLA, Vandalia-Butler may request that the employee recertify the FMLA qualifying conditions. Vandalia-Butler may request recertification in situations where: (a) the employee requests an extension of the FMLA leave; (b) there is a change in the employee’s circumstances; or (c) Vandalia-Butler receives information that casts doubt on the employee’s stated reason for the absence or the continuing validity of the certification. In all situations, Vandalia-Butler may request a recertification of a medical condition every 6 months in connection with the employee’s absence, including medical conditions that contain an "indefinite," unknown," or "lifetime" duration.

During the time that Vandalia-Butler is waiting for the employee to return the Medical Certification Form or recertification documentation, the leave will be provisionally designated by Vandalia-Butler as FMLA leave. Once the employee has returned the Medical Certification Form or recertification documentation, Vandalia-Butler will make a final determination as to whether the leave qualifies as FMLA leave and verbally notify the employee as to FMLA eligibility.

If Vandalia-Butler has reason to doubt the validity of a medical certification, it may require the employee to obtain a second medical opinion at Vandalia-Butler’s expense. If the opinions of the employee’s and Vandalia-Butler’s health care providers differ, Vandalia-Butler may require the employee to obtain certification from a third health care provider, again at the Vandalia Butler’s expense. There are no second/third opinions for Family (Military) Leave situations.

Employees covered by Vandalia-Butler’s group health insurance at the onset of a leave may continue to participate in the plan during the leave on the same terms and conditions that would have applied had no leave been taken. Premiums, co-payments, and any other employee paid expenses for coverage must be paid by the employee on the same terms as if the employee were not on FMLA leave. If the terms and conditions of the health benefit plan are modified for active employees, the same rules will apply to employees on an FMLA approved leave of absence.

An FMLA-qualifying leave means that time spent while on the leave and time previously worked for Vandalia-Butler will not be lost in computation of length of service and the benefits dependent thereon. However, time spent during such an unpaid (i.e., not covered by any applicable paid time off) leave will not be credited toward the calculation of any applicable paid days off (sick or vacation). Any applicable paid days off not exhausted during or prior to the start of the leave shall be available to an employee upon the employee’s return from leave. No holiday, bereavement, witness duty or jury duty benefits will be paid if such occur during a leave.

Employees will be restored to the same or equivalent position as the one held when the leave commenced in most instances and in accordance with the law. Employees who fail to return to work may be required to reimburse Vandalia-Butler the amount of premiums paid by Vandalia-Butler to continue his/her participation in the group health plan, unless the reason for failure to return to work was the continuation, recurrence or onset of a serious health condition of the employee, employee’s spouse, child, or parent, or other circumstances beyond the control of the employee.

An employee who has been on a (non-intermittent/reduced leave) Medical Leave of Absence for the employee’s own serious health condition shall provide to Vandalia-Butler’s Human Resources personnel a medical fitness-for-duty certification (at the employee’s cost) that he is able to resume work. That certification also shall specifically address the employee’s ability to perform the essential functions of the employee’s job. Accordingly, Vandalia-Butler will provide the employee with a list of the essential functions of the employee’s job along with the Designation Notice. The employee’s health care provider must certify the employee can perform the identified essential functions of the employee’s job. Vandalia-Butler may (following the same procedures for the initial medical certification) contact the employee’s health care provider to clarify and/or authenticate the fitness-for-duty certification. Vandalia-Butler cannot require a second or third opinion for a fitness-for-duty certification.

Vandalia-Butler will provide a fitness-for-duty certification form to the employee. Vandalia-Butler will delay reinstatement until that certification is provided. An employee who does not provide this fitness-for-duty certification or a new medical certification for a serious health condition at the time the FMLA leave is concluded, is no longer entitled to FMLA reinstatement.

If an employee is taking intermittent or reduced leave, Vandalia-Butler will require a fitness-for-duty certification up to once every 30 days (assuming there were FMLA absences during that period) if "reasonable safety concerns" exist regarding the employee’s ability to perform the employee’s duties – based on the employee’s serious health condition. The Designation Notice contains this requirement.

To qualify for intermittent or reduced schedule leave, the leave must be medically necessary (as compared to voluntary treatment) and must be best accommodated through an intermittent or reduced schedule. When medically necessary, requests for intermittent or reduced schedule leave for family care, care for a covered servicemember, or an employee’s serious health condition may be granted to eligible employees for up to the equivalent of 12 work weeks (or 26 work weeks, if applicable) of leave for any rolling 12 month period. Exempt employees on an intermittent or reduced leave schedule will have their salaries reduced to reflect the hours or days missed due to such leave.

If intermittent or reduced schedule leave is required for planned medical treatment, the employee should consult with Human Resources personnel at Vandalia-Butler and make a reasonable effort to schedule the leave, so as not to unduly disrupt Vandalia-Butler’s operations. When notice is given of the need for leave, the employee may be required to attempt to reschedule the treatment, subject to the availability and approval of the health care provider. In addition, where the leave is foreseeable based on planned medical treatment, an employee may be temporarily assigned to an available alternative position with equivalent pay and benefits that better accommodates the employee’s intermittent or reduced leave schedule.

Family Leave after the birth or placement (adoption/foster care) of a healthy child must be taken in a single, continuous period of time, unless Vandalia-Butler and the employee agree to an intermittent or reduced schedule. An intermittent or reduced schedule must be approved in advance of the leave by Vandalia-Butler, in its sole discretion. Vandalia-Butler’s agreement, however, is not required for requested medical leave due to the mother’s or newborn child’s serious health condition.

Employees with accrued but unused "paid time off" benefits must use such benefits before taking unpaid leaves of absence which qualify under FMLA. However, it is important to remember that accrued "paid time off" benefits may only be used for FMLA purposes where Vandalia-Butler’s policies permit their usage. For example, if the employee requests leave and the purpose for the leave qualifies under Vandalia-Butler’s "paid time off" policy, the employee will be required to exhaust all available "paid time off" benefits followed by unpaid leave if necessary. If, on the other hand, the employee requests FMLA leave but Vandalia-Butler’s policies do not permit the use of paid leave for the specific purpose, the employee may not use paid leave and will be required to use unpaid leave for the absence. If an employee is required to use unpaid leave for absence(s), the employee’s pay will be reduced at a per diem rate (equal to the number of days or hours absent) in the employee’s paycheck immediately or soon after the absence(s).

FMLA leave will be designated concurrently with any paid leave used by the employee. This policy also applies to workers’ compensation absences. Accordingly, if applicable, FMLA leave will be designated concurrently with any workers’ compensation leave of absence.

An employee’s entitlement to a Family Leave for the birth or placement (adoption/foster care) of a son or daughter ends 12 months after the date of the birth or placement. The maximum total amount of time available to both employee spouses for a Family Leave for the birth, care after birth, or placement of a child or care after placement, or for the care of the employee’s parent (not parent-in-law) with a serious health condition is a combined 12 work weeks during the 12-month period as defined above, if both are employed by Vandalia-Butler.

The aggregate number of work weeks of leave to which a husband and wife may be entitled for covered servicemember leave is limited to 26 work weeks during the single 12 month period if the leave is for covered servicemember leave or a combination of covered servicemember leave and any other FMLA-qualifying leave. If the leave taken by the husband and wife includes leave for the birth or placement of a son or daughter or to take care of a parent (as described above), that particular type of leave is limited to a combined 12 work weeks.

Individuals employed principally in an instructional capacity by Vandalia-Butler who request intermittent leave or leave on a reduced schedule to care for a family member with a serious health condition, to care for a covered servicemember, or for the employee's own serious health condition, which is foreseeable based on planned medical treatment, and the leave would constitute greater than twenty percent (20%) of the total number of working days in the period during which the leave would extend, may be required to do one of the following: (1) take uninterrupted leave of a particular duration, not to exceed the duration of the planned treatment; or (2) be transferred temporarily to an available alternative position with equivalent pay and benefits for which the employee is qualified that would better accommodate recurring periods of leave than the employee’s regular position.

When leave is scheduled to commence more than five weeks prior to the end of the academic term, the employee may be required to extend leave until the end of the term if the leave is at least three weeks in duration and the return to employment would occur during the three week period before the end of the term.

Similarly, an employee may be required to extend leave until the end of the term if (1) the employee begins leave during the five week period before the end of a term because of the birth of a son or daughter; the placement of a son or daughter for adoption or foster care; to care for a spouse, son, daughter, or parent with a serious health condition; or to care for a covered servicemember, and (2) the leave lasts more than two weeks, and the employee would return to employment during the two week period before the end of the term.

If leave for the birth of a son or daughter; the placement of a son or daughter for adoption or foster care; to care for a spouse, son, daughter, or parent with a serious health condition; or to care for a covered servicemember is scheduled to commence during the three week period prior to the end of the term and the leave would be greater than five working days, the employee may be required to extend leave until the end of the term.

It is the purpose of this FMLA Policy to comply with the Family and Medical Leave Act of 1993, as amended. The interpretation of terms and the resolution of disputes under this provision shall be governed by that law. Vandalia-Butler’s obligations under this policy do not exceed those set forth in the Act, unless this policy specifically states that it does. Vandalia-Butler retains the ability to assert all rights, exemptions, limitations, and calculation methods in the FMLA. Enforcement procedures include complaints to the Wage and Hour Division of the Department of Labor and civil actions in court. It is unlawful to discriminate against an employee because of the exercise of rights under the Family and Medical Leave Act. For additional information, please refer to the FMLA Rights and Responsibilities Fact Sheet.

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

Revised 4/28/09