Board Policies


Adoption Date: Jan 24, 1994
Revision Date: May 10, 2006
3430.01 - FAMILY LEAVES OF ABSENCE

 

In accord with Federal law, the Board shall provide up to twelve (12) work weeks of unpaid leave to eligible staff members during any 12-month period, which begins on the first day unpaid leave is taken, for one of the following reasons:

 

A.                The birth or care of a child

B.                 The adoption or foster care of a child

C.                 The care of a spouse, son, daughter, or parent if such individual has a serious health condition

D.                A serious health condition of the staff member which disables him/her from performing the functions of his/her position.  Such a condition may be an illness, injury, impairment, or physical or mental condition that involves in-patient care in a hospital, hospice, or residential medical facility or requires continuing treatment by a health-care provider (M.D. or D.O.).

 

Such leave may not be taken intermittently or on a reduced-leave schedule in the event of the birth, adoption, or foster care of a child, unless the Superintendent and the staff member agree.  A staff member has the right, however, to take intermittent or reduced-leave schedule (half days) when medically necessary to care for a spouse, child, or parent who has a serious health condition, or if the staff member has a serious health condition.  In both cases, the taking of such leave results in the total reduction of the twelve (12) weeks only by the amount of the leave taken.

 

The Superintendent may require the staff member whose major duties are instructional to transfer temporarily to an alternative position at the same compensation when the intermittent or reduced-schedule leave is foreseeable and the transfer better accommodates recurring periods of leave.  Whenever the leave is necessitated by the serious health condition of the staff member or his/her family member, an is foreseeable based on planned medical treatment, the staff member shall provide the Superintendent with thirty (30) day’s written notice, except if such treatment requires earlier leave, and shall schedule the treatment so as not to disrupt the regular operation of the Corporation.

 

An eligible employee may elect, or the Board may require the employee, to substitute any of the accrued paid vacation leave, personal business leave, or family illness leave of the employee for the leave provided under sections A, B, or C on page 1 of 2.

 

An eligible employee may elect, or the Board may require the employee, to substitute any of the accrued paid vacation leave, personal business leave, or personal illness (sick) leave of the employee for leave provided under section D on page 2 of 2.

 

In the case of a health condition of a family member, the Superintendent is directed to obtain medical certification from the physician of the staff member or his/her family member, including:

 

A.                The date the serious health condition began.

 

B.                   The probable duration.

                                                                                                                                                                              

                C.             Appropriate medical facts regarding the condition.

 

D.                A statement that the staff member is needed to care for the family member.

 

E.                 An estimate of the amount of time needed for such care.

 

In the event of the staff member’s own serious health condition, a statement from his/her physician will be required which states that the staff member is unable to perform the functions of his/her position.  Prior to returning to work, the staff member shall provide the Corporation with at statement from his/her physician that s/he is able to assume full-time responsibilities for his/her position.

 

The Board reserves the right to obtain, at its expense, the opinion of a second health provider and in the event of conflict, the opinion of a third health provider whose decision shall be binding and final.

 

At the end of any leave described in this policy, the Board shall restore the staff member to his/her former position or to one that is equivalent in responsibility and compensation.  During a family leave, the Board shall maintain the staff member’s current coverage under the Corporation’s health insurance program, with the staff member continuing to pay his or her portion of the cost thereof, but the staff member shall not accrue any sick leave, vacation, or other benefits during the leave period.

 

Should the staff member elect not to return to work at the end of the leave for reasons other than the continuation, recurrence, or onset of the health condition that gave rise to the leave or for circumstances beyond the control of the staff member, the staff member shall reimburse the Corporation for the health insurance premiums paid by the Corporation during the leave period except for a pro-rata amount for any paid benefit day used by the employee during the leave.

References:
29 USC 2601 et seq.
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