4252.1
4152.1
Policy
Personnel
Certified &
Classified
Leaves
Long Term
Federal Family and
Medical Leave Act of 1993
The Ashland-Greenwood
Public Schools will comply with all federal laws pertaining to the Family and Medical Leave Act of 1993. Under
no circumstances will any leaves exceed the maximum amount of time as specified
in the Family and Medical Leave Act of
1993. The
Superintendent shall be
responsible for developing regulations that comply with this act.
Adopted: November 1,1993
Revised: June 21, 1999
4252.1
4152.1
Regulation
Personnel
Certified &
Classified
Leaves
Long Term
Federal Family and
Medical Leave Act of 1993
A.
Eligibility
Any regular full-time employee who has
been employed by the
1.
Because of the
birth of a son or daughter of the employee and in order to care for such child;
2.
Because of the
placement of a son or daughter with the employee for adoption or foster care;
3.
In order to care
for the spouse, or son, daughter, or parent of the employee (family member) if
the family member has a serious health condition;
4.
Because of a
serious health condition that makes the employee unable to perform the
functions of his or her position.
The entitlement to leave for a birth or
placement of a son or daughter expires at the end of the 12-month period
beginning on the date of the birth or placement.
B.
Intermittent
or Reduced Leave Schedule
Leave
because of the birth of a son or daughter, care for the child, or the placement
of a son or daughter for adoption or foster care shall not be taken by an
employee intermittently or on a reduced leave schedule unless agreed upon by
the employee and the
4252.1 Reg.
Page 2
When
an instructional employee seeks to take intermittent leave in connection with a
family or personal illness (e.g. physical therapy or periodic care for a sick
relative), and when such leave would constitute at least 2O percent of the
total number of working days in the period during which the leave would extend,
the School District may require the employee to elect to take leave in a block,
instead of intermittently, for the entire period or to transfer to an available
alternative position within the school system that is equivalent in pay, for
which the employee is qualified, and which better accommodates the intermittent
leave.
If
any employee begins any category of family and medical leave five or more weeks
prior to the end of a semester, and the period of leave is for more than three
weeks, the
If
an employee begins any category of family and medical leave (except personal or
sick leave} less than five weeks before the end of the semester and the period
of leave is greater than two weeks, the School D1strlct may require the
employee who seeks to return w1thln the last two weeks to wait until the next
semester.
If
an employee begins any category of family and medical leave five or more weeks
prior to the end of a semester, and the period 0£ leave is for more than three
weeks, the School District may require the employee who seeks to return within
the last three weeks to wait until the next semester.
If
an employee begins any category of family and medical leave (except personal sick
leave} less than five weeks before the end of the semester and the period of
leave is greater than two weeks, the School District may require the employee
who seeks to return within the last two weeks to wait until the next semester.
If
an employee begins any category of family and medical leave (except personal
sick leave) three or fewer weeks before the end of the semester and the period
of leave is greater than five working days, the School District may require the
employee to wait until the next semester.
C. Substitution of Paid Leave
An employee may elect, or the School District may
require, the employee, to substitute any of his or her personal leave or any
other leave which may be applicable to the situation for leave provided in this
policy, Any
pa1d leave provided as an employee benefit for fewer than 12 workweeks will be
included to attain the 12 workweeks of leave provided 1n this policy. The additional leave will be provided without
compensation.
4252.1 Reg.
Page 3
D. Notice
In any case in which the necessity for leave is
foreseeable based on an expected birth or placement, the employee must provide
the School District with notice, at least 30 days before the date the leave is
to begin, of the employee’s intention to
take leave, or such notice as is
practicable
if the date of the birth or placement requires leave to begin in less than 30
days.
In
any case in which the necessity for leave is foreseeable based on planned medical treatment, the
employee must make a reasonable effort to schedule the treatment so as not to
disrupt the operations of the
E. Spouses Employed by the
If
a husband and a wife are entitled to the same leave pursuant to this policy,
the aggregate number of workweeks of leave to which both may be entitled is
limited to 12 workweeks during any l2-month period, unless the reason for the
leave is the serious health condition of the employee.
F. Certification
If an employee requests leave for a
serious health condition of the employee or of a family member, the School
District may require certification from the health care provider of the
individual with the serious health condition be provided to the
The
certification must state:
1.
The date on which the serious health condition commenced;
2.
The probable duration of the condition;
3.
The appropriate medical facts within the knowledge of the health care provider
regarding the condition;
4.
If the leave is for purposes of leave to care for a serious health condition of
someone other than the employee, a statement that the employee is needed to
care for the family member and an estimate of the amount of time that the
employee is needed to care for the individual;
5.
If the leave is requested because of a serious health condition of the
employee, a statement that the employee is unable to perform the functions of
his or her position; and
6.
In the case of certification for intermittent leave for planned medical
treatment, the dates on which such treatment is expected to be given and the
duration of such treatment.
4252.1 Reg.
Page 4
The School District
reserves the right to require, at the School District's expense, that the
eligible employee obtain the opinion of a second health care provider
designated or approved by the School District if the
The
Upon
return to work the employee shall provide written certification from his or her
health care provider that the employee is able to return to resume work.
G. Reporting
The
School District may require an eligible employee on leave under this section to
report periodically to the
H. Restoration to Position
Any
eligible employee who takes leave under this policy will be entitled to be
restored to the position of employment held by the employee when the leave
commenced, or, at the discretion of the
An eligible employee is not entitled to accrual of any
seniority or employment benefits during any period of leave, or any right, benefit,
or position of employment other than that to which the employee would have been
entitled had the employee not taken leave.
The
School district may require each employee to receive certification from the
health care provider of the employee that the employee is able to resume work.
I. Maintenance of
Health Benefits
The
1.
Failure to
Return from Leave
The
4252.1 Reg.
Page 5
District paid for
maintaining coverage for the employee under a group health plan during any
period of unpaid leave if the employee fails to return from leave after the
period of leave to which the employee is entitled for reasons other than the
continuation, recurrence, or onset of a serious health condition which would
entitle the employee to leave under this section, or other circumstances beyond
the control of the employee.
2. Certification
of Inability to Return to Work
The School District may require that a claim that an
employee is unable to return to work because of the continuation, recurrence or
onset of a serious health condition be supported by a certification issued by
the health care provider of the employee or family member, and provided to the
Adopted: November 1,1993