FAMILY AND MEDICAL LEAVE POLICY
Eligible Employees:
Employees who have 12 consecutive or nonconsecutive months of total service with the District are eligible for leave under the Family Medical Leave Act (FMLA).

Employees must have worked for the employer at least 1,250 hours in the previous 12-month period.  Paid vacation/sick/personal business days, workers’ compensation leave, and short- or long-term disability leave do not count towards the 1,250 hours worked requirement.

Qualifying Conditions for FMLA Leave:
Eligible employees can take FMLA leave to:

Seek treatment for, or recover from, their own serious health condition;

Care for a parent, spouse, or child with a serious health condition; or

Care for a newborn or a child newly placed through adoption or foster care.

Under FMLA, a serious health condition is an illness, injury, impairment, or

Physical or mental condition that involves inpatient care or continuing treatment by a health care provider.  FMLA does not cover short-term illnesses normally covered by a sick leave program, such as colds, influenza, ear infections, upset stomachs, minor ulcers, headaches, and dental work.

Leave for a family member with a serious health condition is required only when the employee must care for an ailing individual.  In addition, employees can take leave only to care for immediate relatives – a child, parent, or spouse as those terms are defined under federal law, 29 CFR 825.113.

Amount of Leave:
Total FMLA leave cannot exceed 12 weeks in a 12-month period.  The District calculates the 12-month period, a rolling calendar, from the onset (the first day) of FMLA leave.

Job Benefits and Protection:
For the duration of FMLA leave, the District must maintain the employee’s health coverage under any “group health plan”.

Upon return from FMLA, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of the employee’s leave.

Advance Notice and Medical Certification:
The employee must ordinarily provide at least 30 days advance notice when the leave is “foreseeable”.

The employer may require medical certification to support a request for leave due to a serious health condition, and may require second or third opinions (at the employer’s expense) and a fitness for duty to return to work.

Use of Earned Leave:
All earned sick, vacation, and personal business days must be utilized during all FMLA leaves, unless the employee’s employment contract or master agreement allows for sick leave to be frozen in order to utilize the optional short-term disability insurance.  If all available earned days have been exhausted prior to the conclusion of the FMLA leave, the employee will remain unpaid during the remainder of the leave.