| West Clermont Local School District |
| Administrative Guidelines |
3430.01A - FAMILY LEAVE AND INSTRUCTIONAL EMPLOYEES
The following provisions are paraphrases of appropriate portions of Section 1084 of the Family and Medical Leave Act of 1993, as amended ("Special Rules Concerning Employees of Local Educational Agencies").
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(c) |
INTERMITTENT LEAVE OR LEAVE ON A REDUCED SCHEDULE FOR INSTRUCTIONAL EMPLOYEES |
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(1) |
IN GENERAL - Subject to paragraph (2), in any case in which an eligible employee employed principally in an instructional capacity by the Board of Education requests leave for reason (C), (D) or Military Caregiver Leave as outlined in Policy 3430.01 that is foreseeable based on planned medical treatment and the employee would be on leave for greater than twenty percent (20%) of the total number of working days in the period during which the leave would extend, the Superintendent may require that such employee elect either -- |
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(A) |
to take leave for periods of a particular duration, not to exceed the duration of the planned medical treatment; or |
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(B) |
to transfer temporarily to an available alternative position offered by the Board for which the employee is qualified, and that-- |
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(i) |
has equivalent pay and benefits; and |
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(ii) |
better accommodates recurring periods of leave than the regular employment position of the employee. |
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(2) |
APPLICATION - The elections described in subparagraphs (A) and (B) of paragraph (1) shall apply only with respect to an eligible employee who complies with Policy 3430.01. |
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(d) |
RULES APPLICABLE TO PERIODS NEAR THE CONCLUSION OF AN ACADEMIC TERM |
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The following rules shall apply with respect to periods of leave near the conclusion of an academic term in the case of any eligible employee employed principally in an instructional capacity by the Board: |
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(1) |
LEAVE MORE THAN FIVE (5) WEEKS PRIOR TO END OF TERM |
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If the eligible employee begins FMLA leave under Policy 3430.01 more than five (5) weeks prior to the end of the academic term, the Superintendent may require the employee to continue taking leave until the end of such term, if -- |
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(A) |
the leave is of at least three (3) weeks duration; and |
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(B) |
the return to employment would occur during the three (3) week period before the end of such term. |
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(2) |
LEAVE LESS THAN FIVE (5) WEEKS PRIOR TO END OF TERM |
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If the eligible employee begins leave for reason (A), (B), (C) or Military Caregiver Leave as outlined in Policy 3430.01 during the period that commences five (5) weeks prior to the end of the academic term, the Superintendent may require the employee to continue taking leave until the end of such term, if -- |
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(A) |
the leave is of greater than two (2) weeks duration; and |
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(B) |
the return to employment would occur during the two (2) week period before the end of such term. |
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(3) |
LEAVE LESS THAN THREE (3) WEEKS PRIOR TO END OF TERM |
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If the eligible employee begins leave for reason (A), (B), (C) or Military Caregiver Leave as outlined in Policy 3430.01 during the period that commences three (3) weeks prior to the end of the academic term and the duration of the leave is greater than five (5) working days, the Superintendent may require the employee to continue to take leave until the end of such term. |
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(e) |
RESTORATION TO EQUIVALENT EMPLOYMENT POSITION |
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For purposes of determinations related to the restoration of an eligible employee to an equivalent position, such determinations shall be made on the basis of established Board policies and practices, and collective bargaining agreements. The "established policies" and collective bargaining agreements used as a basis for restoration must be in writing, must be made known to the employee prior to the taking of FMLA leave, and must clearly explain the employee's restoration rights upon return from leave. |
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As used above, the term "instructional employees" refers to eligible employees whose principal function is to teach and instruct students in a class, a small group, or an individual setting. The term includes not only teachers, but also athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. It does not include teacher assistants or aides who do not have as their principal job actual teaching or instructing, nor does it include auxiliary personnel such as counselors, psychologists, or curriculum specialists. Finally, it does not include cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.
If an eligible instructional employee chooses to take leave for "periods of a particular duration" in the case of intermittent leave or reduced schedule leave, the entire period of leave taken will count as FMLA leave.
If an eligible instructional employee is required to take leave until the end of an academic term, only the period of leave until the employee is ready and able to return to work shall be charged against the employee's FMLA leave entitlement.