| Wa-Nee Community School Corporation |
| Bylaws & Policies |
3430.01 - FAMILY & MEDICAL LEAVES OF ABSENCE ("FMLA")
In accordance with Federal law, the Board of Education shall provide up to twelve (12) weeks of unpaid FMLA leave in any twelve (12) month period to eligible professional staff members for the following reasons:
| A. | the birth of a child and/or the care of a newborn child within one (1) year of the child's birth; | |
| B. | the placement of a child with the staff member by way of adoption or foster care and/or to care for the child within one (1) year of the child's arrival; | |
| C. | The staff member is needed to care for a spouse, son, daughter, or parent if such individual has a serious health condition; or | |
| D. | the staff member's own serious health condition prevents him/her from performing the functions of his/her position. |
Professional staff members are "eligible" if they have worked for the Board for at least twelve (12) months, and for at least 1,250 hours over the twelve (12) months prior to the leave request. All full-time professional staff members are presumed to meet the 1,250 hour requirement if they were employed by the Corporation in this capacity for the preceding twelve (12) months.
Twelve (12) month period is defined as the twelve (12) month period measured forward from the date the staff member's first FMLA leave begins (i.e., the "leave year" is specific to each individual staff member).
Serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves:
| A. | Inpatient care, including any period of incapacity or any subsequent treatment in connection with such inpatient care; or | |
| B. | Continuing treatment by a health care provider, including: |
| 1. | A period of incapacity of more than three (3) consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves either treatment two (2) or more times by a health care provider or treatment by a health care provider on at least one (1) occasion which results in a regimen of continuing treatment under the supervision of a health care provider; | ||
| 2. | Any incapacity due to pregnancy or for prenatal care; | ||
| 3. | Any period of incapacity or treatment for such incapacity due to a chronic serious health condition; | ||
| 4. | A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective; | ||
| 5. | Any period of absence to receive multiple treatments by a health care provider either for restorative surgery after an accident or other injury or for a condition that would likely result in a period of incapacity of more than three (3) consecutive days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), or kidney disease (dialysis). |
| C. | Conditions for which cosmetic treatment are administered are not "serious health conditions" unless inpatient hospital care is required or complications develop. Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomachs, minor ulcers, headaches other than migraines, routine dental or orthodontia problems, periodontal disease, etc., are conditions that do not meet this definition and do not qualify for FMLA leave. |
The Superintendent may allow a staff member to take FMLA leave intermittently or on a reduced schedule for reason (A) or (B). A staff member may take FMLA leave on an intermittent or reduced-leave schedule when medically necessary as indicated in reasons (C) and (D) on page one. Regardless, the taking of such leave results in the total reduction of the twelve (12) weeks only by the amount of leave actually taken. If the intermittent or reduced-leave schedule is foreseeable based on planned medical treatment, the Superintendent may require the staff member to transfer temporarily to an available alternative position which better accommodates recurring periods of leave. The alternative position shall have equivalent pay and benefits but not necessarily equivalent duties. Instructional staff members (i.e. individuals whose principal function is to teach and instruct students in a class, a small group, or an individual setting) who request intermittent leave or a reduced-leave schedule which would exceed twenty percent (20%) of the total number of working days over the period of anticipated leave must elect either to:
| A. | Take leave for a period or periods of a particular duration, not greater than the duration of the planned treatment; or | |
| B. | Transfer temporarily to an available alternative position offered by the Superintendent for which the instructional staff member is qualified, and that has equivalent pay and benefits and that better accommodates the recurring periods of leave than the staff member's regular position. |
Whenever the leave is necessitated by the serious health condition of the staff member or his/her immediate family member and is foreseeable based on planned medical treatment, the staff member shall provide the Superintendent with thirty (30) days' notice. If there is insufficient time to provide such notice because of the need for treatment, the staff member shall provide such notice as early as practicable. When planning medical treatment, the staff member must consult with the Superintendent and make a reasonable effort to schedule the leave so as not to unduly disrupt the regular operation of the Corporation, subject to the approval of the health care provider.
The Board shall require the staff member to substitute any of his/her earned or accrued paid vacation leave, personal leave or family leave (per the applicable collective bargaining agreement) for unpaid FMLA leave provided for either reason (A) or (B) on page one.
The Board shall require the staff member to substitute any of his/her earned or accrued paid vacation, personal leave or sick leave (per the applicable collective bargaining agreement) for unpaid FMLA leave provided for either reason (C) or (D) on page one.
If the staff member has not earned or accrued adequate paid leave to encompass the entire twelve (12) week period of FMLA leave, the additional weeks of leave to obtain the twelve (12) weeks of FMLA leave the staff member is entitled to shall be unpaid. Whenever a staff member uses paid leave in substitution for unpaid FMLA leave, such leave counts toward the twelve (12) week maximum leave allowance provided by this Policy.
The Superintendent will notify the staff member when the Corporation intends to designate leave as FMLA-qualifying. Such notice may be given orally or in writing. When verbal notice is given, it will be followed by written notice within ten (10) business days. (Form 3430.01 F3) In the case of intermittent or reduced schedule leave, only one (1) such notice is required unless the circumstances regarding the leave have changed. If the Superintendent does not have sufficient information about the reason for an employee's use of paid leave, the Superintendent may inquire further to ascertain whether the paid leave is FMLA-qualifying. Once the Superintendent learns that a paid leave is for an FMLA leave-qualifying reason, the Superintendent will promptly notify the staff member that the paid leave will count toward the staff member's twelve (12) week FMLA-leave entitlement.
In cases in which the Board employs both spouses, the total amount of FMLA leave is twelve (12) weeks for the couple, except when the leave is due to the serious health condition of either spouse or a child.
When FMLA leave is taken for either reason (C) or (D) on page one, the staff member must provide medical certification from the health care provider of the eligible staff member or his/her immediate family member. (Form 3430.01 F2) The staff member may either:
| A. | submit the medical certification to the Superintendent; or | |
| B. | direct the health care provider to transfer the medical certification directly to the Superintendent, which will generally require the staff member to furnish the health care provider with a HIPAA-compliant authorization. |
In the event the staff member fails to provide medical certification, any leave taken by the employee is not FMLA leave.
When the need for FMLA leave is foreseeable and at least thirty (30) days' notice has been provided, the staff member must provide the medical certification before the leave begins. When this is not possible, the employee must provide the requested certification to the Superintendent within fifteen (15) calendar days after the staff member requests FMLA leave unless it is not practicable under the circumstances to do so despite the staff member's diligent and good faith efforts.
The Board reserves the right to obtain, at its expense, the opinion of a second health care provider and, in the event of conflict, the opinion of a third health care provider whose decision shall be binding and final. The staff member may either:
| A. | submit the opinion of the second health care provider, and the opinion of the third health care if applicable, to the Superintendent; or | |
| B. | direct the second or third health care provider to transfer his/her opinion directly to the Superintendent, which will generally require the staff member to furnish the health care provider with a HIPAA-compliant authorization. |
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 staff member who takes leave for reason (D) on page one, prior to returning to work, must provide the Superintendent with a statement from his/her health care provider that s/he is able to resume work. (Form 3430.01 F4)
Upon return from any FMLA leave, the Board will restore the staff member to his/her former position or to a position with equivalent employment benefits, pay and conditions of employment. During FMLA leave, the Board shall maintain the staff member's current coverage under the Board's group health insurance program on the same conditions as coverage would have been provided if the staff member had been continuously working during the leave period. If the staff member was paying all or part of the premium payments prior to going on FMLA leave, the staff member must continue to pay his/her share during the leave.
Any leave or return from leave during the last five (5) weeks of an academic term shall be reviewed individually by the Superintendent to minimize disruption to the students' program.
The staff member shall not accrue any sick leave, vacation, or other benefits during a period of unpaid FMLA leave.
The use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of the staff member's leave.
If the staff member fails to return to work at the end of the leave for reasons other than the continuation, recurrence, or onset of a serious health condition of the staff member or of the staff member's immediate family member, or for circumstances beyond the control of the staff member, the staff member shall reimburse the Board for the health insurance premiums paid by the Board during the unpaid FMLA leave period.
A staff member who fraudulently obtains FMLA leave is not protected by this policy's job restoration or maintenance of health benefits provisions.
The Superintendent shall prepare any guidelines that are appropriate for this policy and ensure that the policy is posted properly.
The Superintendent shall provide a copy of the policy upon the request of a staff member.
29 U.S.C. 2601 et seq.
29 C.F.R. Part 825
45 C.F.R. Part 160, 164
Revised 3/02
Revised 10/11/04