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6.242 Family and Medical Leave

6.242 Family and Medical Leave

 

Chapter 6.00:  Personnel

 

6.242*

 

FAMILY AND MEDICAL LEAVE

 

POLICY

 

I.      A full-time employee may be granted a short-term leave of absence of up to twelve (12)   

workweeks, without pay, during any twelve (12) month period for one or more of the following reasons:

 A.     Birth of employee’s child.

 B.     Placement of a child with the employee for adoption or foster care.

C.     The employee’s need to care for a child, spouse, or parent who has a serious health

        condition.

        D.     The employee’s inability to perform the functions of his/her position because of a serious

                health condition.

 

II.     To be eligible for this leave, an employee must have been employed for at least twelve (12) months and for at least 1,250 hours over the twelve (12) months prior to the leave request. All full-time support employees are deemed to meet the 1,250 hour requirement. The entitlement to leave for the birth or placement of a child begins on the date of birth or placement and expires at the end of a twelve (12) month period. The maximum aggregate leave entitlement under this provision is twelve (12) workweeks in any twelve (12) month period.

 

Twelve (12) month period is defined as a rolling twelve (12) month period measured backward from the date the staff member uses FMLA leave (i.e. the "leave year" is specific to each individual staff member).

 

A physician’s statement supporting reasons (C) and (D) above must accompany the leave request. The statement must include an estimate as to the amount of time the employee will be needed to care for a child, spouse or parent for reason (C) and the duration of the employee’s inability to perform the function of his/her position for reason (D).

 

III.     If an employee requires medical leave that extends beyond two weeks, FMLA leave benefits will run concurrent with employee’s leave of absence request.  FMLA will begin the first day the medical situation started.  FMLA is a separate approval process from the leave approval process.  In accordance with School Board Policies 6.20-6.29, to receive compensation while on leave of absence, the employee will be required to use accrued vacation leave, sick leave, personal leave, donated sick leave, sick leave bank (if applicable), or disability (if applicable).  If you do not have access to these categories, your leave will be without pay.

 

After the expiration of this leave, the employee has the right to return to the same or an equivalent position. If the leave is twelve (12) weeks or less, the employee shall return to their original assignment. The Board-paid portion of the employee’s health insurance will continue during this leave. The employee is responsible for paying the employee portion, in advance, to the Finance Office.

 

IV.     When eligible spouses are both employed by the Board, they are limited to a combined total of twelve (12) workweeks of FMLA leave during any twelve (12) month period if the leave is taken for reason (A) or (B), or to care for the staff member’s parent who has a serious health condition.

 

Where the spouses both use a portion of the total twelve (12) week FMLA leave entitlement for reason (A) or (B), or to care for a parent,  each spouse is entitled to the difference between the amount s/he has taken individually and the twelve (12) weeks of FMLA leave for an additional qualifying FMLA occurrence. 

 

When applicable, US Department of Labor procedures regarding Military Caregiver Leave will be utilized.

 

 

V.      It is the responsibility of the employee to notify the immediate supervisor, in writing, thirty (30) days prior to the expiration of the leave of intent to return to work. Failure of an employee to meet this timeline indicating intent to return to work will be deemed a resignation, unless such failure is due to extenuating circumstances beyond the control of the employee. The determination of the existence of such extenuating circumstances shall be at the sole discretion of the Superintendent.

 

 

 

 

 

 

STATUTORY AUTHORITY:

1001.41, 1012.22, 1012.23, 110.221 F.S.

LAWS IMPLEMENTED:

1001.43, 1012.66, 1012.69, F.S.; The Family and Medical Leave Act of 1993; Part 825 of the Code of Federal Regulations; Title 29, U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division

STATE BOARD OF EDUCATION RULES:

 

HISTORY:

Adopted:

07/14/1998

 

Revision Date(s):

04/20/2010, 06/12/2018

 

Formerly:

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