School District 25 Policy
Adopted: July 28, 1998
Pursuant to the provisions of the Family and Medical Leave Act (P.L. 103-3), the District hereby adopts the following policy relating to family and medical leave for eligible employees.
Eligible employees are entitled to a total of twelve (12) weeks of unpaid leave per year (beginning July 1 of each year) for the following four leave situations:
For purposes of the benefits referred to above, a serious health condition means "an illness, injury, impairment, or physical or mental condition that involves:
For purposes of the benefits referred to above which pertain to leave for the care of a child, the term "child" shall mean a son or daughter which is either a biological, adopted, or foster child, a step-child, a legal ward, or a child of a person standing in loco parentis, who is:
To be eligible for leave under this policy and to be considered an eligible employee, an employee must have been employed:
In the case of employees only employed for nine (9) months or one hundred eighty (180) working days out of each twelve (12) month period, this will require that they be employed for at least 1,250 hours of service during those one hundred eighty (180) working days, or whatever number of working days are actually worked during the twelve (12) month period.
Any eligible employee who is entitled to the leave referred to above shall be entitled to continuation of health benefits and all other insurance benefits, as well as accrual of sick leave and/or other leave benefits during the period of leave, under the same terms and conditions as are provided to the employee prior to taking the leave. Any increase in premiums or deductibles that apply to active employees shall also apply to employees on FMLA leave. Any employee who fails to pay his required share of premium may be dropped from coverage under the group health plan. The District shall provide the employee a notice that coverage will be dropped at least fifteen (15) days before coverage will cease.
Any employee who is eligible for this leave and takes the leave is entitled to an equivalent position which equivalent pay, benefits, and conditions of employment upon return to employment so long as the employee can continue to perform all the essential functions of the position.
This leave is not to be considered as leave in addition to other leave granted to the employee by School District policy for which the employee is other wise eligible, but is intended only to supplement that leave to the extent it does not otherwise provide for twelve (12) weeks of leave. In other words, to the extend that any eligible employee would be entitled to receive sick leave, maternity leave, or personal leave pursuant to other applicable School District policies, then the eligible employee must use the sick/personal leave benefits granted under other applicable District policies and only in the event that it does not provide the eligible employee with twelve (12) weeks of leave would the employee be able to use the leave granted under this policy. The leave for which the eligible employee may qualify under the provisions of this policy will not exceed twelve (12) weeks inclusive of the leave utilized under other District policies for any of the above described leave situations. (For example, if due to the illness of any employee, an employee desires to take leave for a period up to twelve (12) weeks and the employee has available six (6) weeks of sick leave which could be utilized for this leave, then the employee would be required to use the six (6) weeks of available sick leave and thereafter would qualify for six (6) weeks of unpaid leave pursuant to this policy. If the employee had available up to twelve (12) weeks of personal/sick leave which could be utilized, then this policy would not apply).
The family leave benefit applicable to the birth, adoption, and foster placement for child care ends after (1) the child reaches age one; or (2) twelve months after adoption or placement.
When both spouses are employed by the School District, the combined amount of leave for birth, adoption, and illness of a parent may be limited to a total of twelve (12) weeks. This limitation is not applicable to leave for personal illness and illness of a spouse or child.
In the event an eligible employee employed principally in an instructional capacity (teacher or teacher's aide) requests leave due to a serious health condition or to care for someone with a serious health condition, 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 District may require that such employee elect either:
In any case in which the reason for leave is due to the necessity of the employee to care for the spouse, son, daughter, or parent of the employee or because of the serious health condition that makes the employee unable to perform the functions of his/ her position, the employee:
The District may require that a request for leave to care for a relative with a serious health condition or because of the employee's own serious health condition be supported by a certification issued by the health care provider of the eligible employee or of the son, daughter, spouse, or parent of the employee as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the Superintendent.
Certification provided under this section shall be sufficient if it states:
Second Opinion: In any case in which the District has reason to doubt the validity of the certification provided by the employee for leave for medical care or for medical reasons, the District may require, at the expense of the District, that the eligible employee obtain the opinion of a second health care provider designated or approved by the District concerning an information certified under this section for such medical leave.
In any case in which the second opinion described above differs from the opinion in the original certification provided under this section, the District may require, at the expense of the District, that the employee obtain the opinion of a third health care provider designated or approved jointly by the District and the employee. The opinion of the third health care provider shall be considered to be final and shall be binding on the District and the employee.
The District may require that the eligible employee obtain subsequent recertification on a reasonable basis, however, such a request will be made not more often than every thirty (30) days. Any expense surrounding the recertification is the responsibility of the employee.
Once the District learns that the employee is taking leave for a family medical leave qualifying reason, the employer will give notification to the employee that the leave is designated as family medical leave within two (2) business days after the determination is made. The notice should be in writing, however, it may be given orally if confirmed in writing no later than the next regular pay day (unless less than a week remains until the next pay day). If the employee is out for a FMLA qualifying reason and the District does not learn of the reason until the employee returns, the employee must give notice within two (2) days of his return and the District will give notice of any FMLA designation within two (2) days thereafter. The District may also provisionally designate leave as FMLA qualifying leave while awaiting receipt of medical certification or a second or third medical opinion.
The District's may recover the premium that the District paid for maintaining coverage for the employee under the District's group health insurance plan during any period of leave under this policy if: