Policy Code: GCBG
Adoption Date: Tuesday, September 24th, 2013
Review Date: Tuesday, February 28th, 2018
FAMILY AND MEDICAL LEAVE ACT (FMLA)
This policy covers all extended leaves (beyond five days) due to illness, injury or family leave under the Family and Medical Leave Act (FMLA), including any such leaves granted by the Iron School District. To be eligible for these federally protected rights, an individual must have been employed by the Iron School District for the previous twelve months and must have worked for at least 1,250 hours during that 12-month period. The employee will be restored to an "equivalent" position when he/she returns to work. This means that the employee will have a job that corresponds to the duties, and all other terms, conditions and privileges of employment, enjoyed prior to the FMLA leave. It does not mean that the employee will be restored to exactly the same job they had before the FMLA leave.
Any eligible employee will be granted up to twelve (12) unpaid workweeks of leave during any twelve (12) month period for the following reasons:
- Because of the birth of a son or daughter and the decision to provide care for that infant,
- Because of the placement of a son or daughter with the employee for adoption or foster care,
- In order to care for the spouse, son, daughter or parent of an employee who has a serious health condition, or
- Because of a serious health condition that makes the employee unable to perform the essential functions of his/her job.
In any case where the necessity for leave, as provided for under items one (1) and two (2) above, is foreseeable, based on an expected birth or child placement, the employee shall provide the District with not less than thirty (30) days notice, before the date leave commences, of his/her intention to take leave under the FMLA. Where the birth date or placement requires the leave to begin in less than thirty (30) days, the employee will inform the employer, in writing, as soon as possible.
If a planned medical treatment or operation under items three (3) and four (4) necessitate a leave, the employee will make a reasonable effort to schedule the treatment so that it is not unduly disruptive to school operations. Such scheduling is subject to the approval of the appropriate employee's health care provider, or the health care provider of the son, daughter, spouse or parent of the employee. The employee will also provide the District with not less than thirty (30) days notice prior to the beginning of the leave. If medical treatment must begin in less than thirty (30) days, the employee is responsible for notifying the employer as soon as is practical.
Employees requesting a medical leave for a serious health condition under items three (3) and four (4) must provide a written and prompt medical certification, which includes the following information:
A. The date on which the serious health condition started.
B. The probable duration of the condition, and
C. The appropriate medical facts within the knowledge of the health care provider regarding the serious health condition.
If an employee must take a leave to care for a family member, a medical certification is needed about why an eligible employee is needed to care for a son, daughter, spouse or parent, if the request falls under item three (3), and an estimate of the time needed for the care of that family member.
To take a medical leave because the employee is unable to perform the functions of his/her job, a medical statement is required which addresses items A through C outlined above.
If the employee is applying for intermittent leave, or leave on a reduced leave schedule for planned medical treatment, the dates and duration of the treatment, as well as a statement about the medical necessity, including items A through C above must be submitted, in writing, to the District. The same information is required to support an intermittent leave to care for a son, daughter, spouse or parent with a serious health condition.
Where two spouses work for Iron District, they will be allowed a total of twelve (12) weeks between them to take a family leave to care for a son, daughter, spouse or parent. The taking of a medical leave does not trigger a qualifying event under COBRA. Thus, health care benefits will be paid during this leave according to District policy.