Family and Medical Leave Policy

   Policy Number: 2060

Date: 02/05/2013 

 

FAMILY AND MEDICAL LEAVE

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PURPOSE 

The Family and Medical Leave Act of 1993 (FMLA) requires covered employers to provide up to twelve (12) weeks of unpaid, job-­‐protected leave to "eligible" employees for certain family and medical reasons. Employees are eligible if they have worked for a covered employer for at least one (1) year, and for 1,250 hours over the previous twelve (12) months.


REASONS FOR TAKING LEAVE

2.1 Unpaid leave must be granted for any of the following reasons:

2.1.1 To care for the employee's child after birth, placement for adoption, or foster care;

2.1.2 A father, as well as a mother, can take family leave for the birth, placement for adoption, or foster care of a child;

2.1.3 To care for the employee's spouse, son or daughter, or parent who has a serious health condition; or for a serious health condition that makes the employee unable to
perform the employee's job;


ADVANCED NOTICE AND MEDICAL CERTIFICATION

3.1 The employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met.

3.1.1 The employee ordinarily must provide thirty (30) days advance notice when the leave is "foreseeable."

3.1.2 An employer may require medical certification to support a request for leave because of a serious health condition.

3.1.3 The employee shall make a reasonable effort to schedule treatment so as not to unduly disrupt the operations of the school.


JOB BENEFITS AND PROTECTION

4.1 For the duration of FMLA leave, the employer must maintain the employee's benefits, including
health coverage under any "group health plan," as described above.

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

4.3 Employee's salary will be recalculated to account for their lost days and evenly spread across their
remaining contracted period.

4.4 If an employee fails to return to work after leave expires for reasons other than continuation, recurrence, or onset of a serious health condition of the employee, son, daughter, or spouse, then the
school may recover the premium paid for maintaining coverage for the employee during the leave period.