Jt. Jerome School District No. 261

PERSONNEL 5410P

Family and Medical Leave Procedure

Who Is Eligible—Employees are eligible if they have worked for the District for at least one (1) year, and for one

thousand two hundred fifty (1,250) hours over the previous twelve (12) months, and if there are at least fifty (50)

District employees within a seventy‐five (75) mile radius.

Benefit—Under certain conditions, eligible employees, if qualified, may be entitled to up to twelve (12) weeks

leave with continuing participation in the District’s group insurance plan.

An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member who is

recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to twenty six

(26) weeks of leave in a single twelve (12) month period to care for the service members.

Reasons for Taking Leave—Unpaid leave will be granted to eligible employees for any of the following reasons:

a) to care for the employee’s child after birth, or placement of a child for adoption or foster care

with the employee; or

b) to care for the employee’s spouse, child, or parent (does not include parents in‐ law) who has a

serious health condition; or

c) for a serious health condition that makes the employee unable to perform the employee’s job.;

or

d) for any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent of the

employee is on active duty status, or has been notified of an impending call to active duty status,

in support of a contingency operation.

Substitution of Paid Leave—Paid leave will be substituted for unpaid leave under the following circumstances:

a) Accumulated sick/personal leave will be utilized concurrently with any FMLA leave that is taken

for a serious health reason as described in (b) or (c) above.

b) Accumulated vacation/personal leave will be utilized concurrently with any FMLA leave that is

taken for a family reason as described in (a) above.

c) Accumulated sick leave will be utilized concurrently with FMLA leave whenever the FMLA leave is

taken for reasons which qualify for sick leave benefits pursuant to District policy.

d) Whenever appropriate workers’ compensation absences shall be designated FMLA leave.

When Spouses Are District Employees—If spouses are employed by the District, they each are entitled to a total of

twelve (12) weeks of leave per year. However, where the reason for the leave is for birth of a child, or because of

adoption or foster care, or to care for a sick parent, such leave may be limited to an aggregate of 12 weeks,

between the spouse/employees.

Advance Notice—Employees must provide thirty (30) days advance notice when the leave is “foreseeable.” In

other situations an employee must give notice as soon as practicable. Leave may be allowed in emergency

situations when no advance warning is possible. Inexcusable delays in notifying the District may result in the delay

or denial of leave.

Requests—A sick leave request form is to be completed whenever an employee is absent from work for more than

three (3) days or when an employee has need to be absent from work for continuing treatment by (or under the

supervision of) a health care provider.

Medical Certification—The District will require medical certification to support a request for leave or any other

absence because of a serious health condition (at employee expense), and may require second or third opinions

(at the employer’s expense) and a fitness for duty report to return to work statement.

Intermittent/Reduced Leave—FMLA leave may be taken “intermittently or on a reduced leave schedule” under

certain circumstances. Where leave is taken because of birth or placement of a child for adoption or foster care,

an employee may take leave intermittently or on a reduced leave schedule only with the approval of the District.

Where FMLA leave is taken to care for a sick family member or for an employee’s own serious health condition,

leave may be taken intermittently or on a reduced leave schedule when medically necessary. An employee may be

reassigned to accommodate intermittent or reduced leave. When an employee takes intermittent leave or leave

on a reduced leave schedule, increments will be limited to the shortest period of time that the District’s payroll

system uses to account for absences or use of leave.

Insurance—An employee out on FMLA leave is entitled to continued participation in the appropriate group health

plan, but it is incumbent upon the employee to continue paying the usual portion of the premiums the employee

usually pays throughout the leave period. An employee’s eligibility to maintain health insurance coverage will

lapse if the premium payment is more than thirty (30) days late. The District will mail notice of delinquency at

least fifteen (15) days before coverage will cease.

Return—Upon return from FMLA leave, reasonable effort shall be made to place the employee in the original or

equivalent position with equivalent pay, benefits, and other employment terms.

Record Keeping—Employees, supervisors and building administrators will forward requests, forms and other

material to payroll to facilitate proper record keeping.

Summer Vacation—The period during the summer vacation or other scheduled breaks (i.e., Christmas) an

employee would not have been required to work will not count against that employee’s FMLA leave entitlement.

SPECIAL RULES FOR INSTRUCTIONAL EMPLOYEES

Leave More Than Five (5) Weeks Before End of Term—If an instructional employee begins FMLA leave more than

five (5) weeks before the end of term, the District may require the employee to continue taking leave until the end

of a semester term if:

(a) the leave is at least three (3) weeks; and

(b) the employee’s return would take place during the last three‐(3)‐week period of the semester

term.

Leave Less Than Five (5) Weeks Before End of Term—If an instructional employee begins FMLA leave for a purpose other than that employee’s own serious health condition less than five (5) weeks before the end of term, the

District may require the employee to continue taking leave until the end of a semester term if:

(a) the leave is longer than two (2) weeks; and

(b) the employee’s return would take place during the last two‐(2)‐week period of the semester

term.

Leave Less Than Three (3) Weeks Before End of Term—If an instructional employee begins FMLA leave for a

purpose other than that employee’s own serious health condition less than three (3) weeks before the end of

term, the District may require the employee to continue taking leave until the end of the academic term if the

leave is longer than five (5) days.

Intermittent or Reduced Leave—Under certain conditions, an instructional employee needing intermittent or

reduced leave for more than twenty percent (20%) of the total working days over the leave period may be

required by the District to:

(a) Take leave for a period(s) of particular duration not to exceed the duration of treatment; or

(b) Transfer to an alternate but equivalent position.

Legal Reference: 29 CFR 825, 29 USC 2601, et seq. Family Medical Leave Act ‐‐

National Defense Authorization Act for FY 2008 (NDAA), Pub. L. 110‐181

Procedure History:

Adopted on: 02/28/12

Revised on: