GBEB
Family and Medical Leave In
accordance with the Family and Medical
Leave Act of 1993 (hereinafter FMLA), the Rochester School Board
(hereinafter the Board) authorizes
the Superintendent of Schools to grant up to twelve weeks of unpaid leave
during any twelve month period, as defined below, to eligible employees for
(1) the birth and first year care of a child; (2) the adoption or foster
placement of a child in the employee's home; (3) the care of a spouse, child
or parent with a serious health condition; or (4) the serious health
condition of the employee. Serious health condition, for
purposes of this policy, is defined as including only those conditions
eligible for FMLA leave within the regulations of the U.S. Department of
Labor. Generally, this refers to a
condition requiring either inpatient care or continuing treatment by a health
care provider for a period of more than three days, although intermittent
leave may not require that the days be consecutive. At the end
of the leave, the employee will be reinstated to the same or an equivalent
position to the one he/she held at the commencement of said leave. Eligibility To be eligible for leave under
this policy, an employee must have:
(1) been employed, either full-time or part-time, by the Board for a
minimum of twelve months, either consecutive or non-consecutive, and (2)
worked a minimum of 1,250 hours for the Rochester School Department during
the year preceding the start of the leave. For
purposes of determining the length of leave for which the employee is
eligible, a twelve month period will be defined as the twelve months
immediately preceding the dates for
which the leave is requested. Military Leave A 2008
amendment to the FMLA added up to 12 weeks of leave for “exigencies” for
family members of those called to active duty in the Armed Forces (including
the National Guard and reserves), and up to 26 weeks of leave for a spouse,
son, daughter, parent or next of kin to care for a member of the Armed Forces
who is seriously wounded or becomes ill while on active duty. Prior Notice An eligible employee wishing
to exercise his/her rights under this policy is required to notify the
Superintendent of the need for leave at least thirty days before commencement
of the leave if it is foreseeable, or within forty-eight hours of learning of
the need for the leave when unforeseen circumstances make it impossible to
give thirty days notice. Written
notice is requested when practicable.
When written notice is not possible, notice may be given in person or
by telephone with written follow-up. In cases where the need for
leave is foreseeable and inadequate notice is given, the leave may be delayed
until a suitable substitute has been found or until thirty days have elapsed
from the time of notice, whichever occurs first. Medical Certification Where not prohibited by a
collective bargaining agreement, the School Board may require, at the
employee's expense, medical certification for approval of FMLA leave. The Board may exercise its options under
FMLA regulations to obtain a second and third opinion at the Board's expense
and may request re-certification as authorized by FMLA. Continuation of Health Insurance Coverage The Board will maintain the
employee's health, dental and life insurance coverage throughout the term of
the leave provided that the employee continues to pay his/her pre-existing
share of the premiums for said coverage. Should the employee provide
notice of intent not to return to work from the unpaid leave, or fail to
return as scheduled from the unpaid leave, the Board may terminate payment of
its portion of premiums and require the employee to continue the coverage, if
desired, under the provisions of COBRA.
Further, the Board may seek recovery of the Board’s share of premiums
paid during an FMLA leave if the employee (1) fails to return to work after
the end of FMLA or (2) terminates his/her employment with the Rochester
School Department within thirty calendar days after the end of FMLA leave,
unless the reason for failure to return or stay at work prohibits recovery
under FMLA. Special Rules for Instructional Personnel Instructional personnel, as
defined in FMLA, will be subject to the special rules outlined in 29 Relationship of This Policy to FMLA and Collective Bargaining
Agreements This policy is intended to
implement, not expand, the minimum entitlements under FMLA regulations issued
by the U.S. Department of Labor, except where they have been expanded through
collective bargaining, state statute, or other policies of the Board. Any
issues related to FMLA that are not expressly addressed in this or other
Board policy, statute, or a current collective bargaining agreement will be
implemented at the minimum level required by FMLA regulations. Wherever a collective
bargaining agreement has created benefits more favorable to the employee than
those established by FMLA, the provisions of the collective bargaining
agreement will be controlling for employees covered by that agreement. Relationship of FMLA to Sick Leave
It is the intent of the district to adhere to the minimum
guidelines set forth in the federal Family Medical Leave Act or State Family
Medical Leave Act, whichever is more stringent. The district intends to administer FMLA
using available and appropriate paid sick, vacation and personal leave first
before any unpaid leave is taken. If
the affected employee does not have any leave available, then FMLA will be
unpaid for the entire 12 weeks or portion thereof. If
paid leave time is available in excess of the FMLA period, then the
employee must either return to work, have additional leave approved by the
Superintendent or justify through written medical notice that additional time
is needed. The additional time taken
in excess of the FMLA guidelines will not be considered additional FMLA. Any employee who has worked for the district for at least
one year and/or 1,250 hours and who does not report to work due to sickness,
or any other Family Medical Leave Qualified reason, will be considered on
FMLA beginning on the fourth day of absence and will be promptly
notified. The time from the fourth day
until the time the employee returns to work will be allocated towards the 12
week maximum allowed Family and Medical Leave. An FMLA notice will be posted in all district schools,
buildings and locations where employees report to work. A complete copy of all applicable laws and
statutes is available in the Superintendent’s office and is available for
review at the central office location only.
Appointments should be made with the Benefits Specialist to secure
time to review these laws if so desired. Adopted: Amended: April 13, 2000 Amended: April 9, 2009 |