| DeWitt Public Schools |
| Bylaws & Policies |
3430.01 - FAMILY LEAVES OF ABSENCE
In accord with Federal law, the Board of Education shall provide up to twelve (12) work weeks of unpaid leave to all professional staff members working 1250 hours or more during any contract year 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, parent or dependent child 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.) |
Whenever the leave is foreseeable,
the staff member shall provide the Superintendent with thirty (30) day's notice. If there is insufficient time to provide such notice because of the need for treatment, the staff member shall provide such notice as early as practicable. The staff member shall make reasonable efforts to schedule treatments so as not to unduly disrupt the regular operation of the District.The Board may require that all accrued paid vacation leave, medical or sick leave, or personal leave be used to substitute for the family leave described in this policy. In cases in which the District has employed both the husband and the wife, the total amount of family leave is twelve (12) weeks for the couple, except when the leave is due to the serious health condition of either the husband or the wife.
The Superintendent may allow a staff member to take FMLA leave intermittently or on a reduced-leave schedule for the birth, adoption or foster care placement of a child (see A and B on page one). A staff member may take FMLA leave on an intermittent or reduced-leave schedule when medically necessary for his/her own serious health condition or to care for a spouse, parent or dependent child with a serious health condition (see C and D on page one). The taking of such leave results in the total reduction of the twelve (12) weeks only by the amount of leave actually taken.
If the intermittent or reduced-leave schedule is foreseeable based on planned medical treatment, the Superintendent may require the staff member to transfer temporarily to an available alternative position which better accommodates recurring periods of leave. The alternative position shall have equivalent pay and benefits but not necessarily equivalent duties. Instructional staff members (i.e. individuals whose principal function is to teach and instruct students in a class, a small group, or an individual setting) who request intermittent leave or a reduced-leave schedule which would exceed twenty percent (20%) of the total number of working days over the period of anticipated leave must elect either to:
| A. | Take leave for a period or periods of a particular duration, not greater than the duration of the planned treatment; or | |
| B. | Transfer temporarily to an available alternative position offered by the Superintendent for which the instructional staff member is qualified, and that has equivalent pay and benefits and that better accommodates the recurring periods of leave than the staff member's regular position. |
The Superintendent or his/her designee will notify the staff member when the District intends to designate leave as FMLA-qualifying. Such notice may be given orally or in writing. When verbal notice is given, it will be followed by written notice within ten (10) business days (see Form 3430.01 F1 F3). In the case of intermittent or reduced-leave schedule leave, only one (1) such notice is required unless the circumstances regarding the leave have changed. If the Superintendent does not have sufficient information about the reason for an employee's use of paid leave, the Superintendent may inquire further to ascertain whether the paid leave is FMLA-qualifying. Once the Superintendent learns that a paid leave is for an FMLA leave-qualifying reason, the Superintendent or his/her designee will promptly notify the staff member that the paid leave will count toward the staff member's twelve (12) week FMLA-leave entitlement.
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. |
When FMLA leave is taken for the staff member’s own serious health condition or to care for a spouse, parent or dependent child with a serious health condition (see C and D on page one), the staff member must provide medical certification from the healthcare provider of the eligible staff member or his/her immediate family member (see Form 4430.01 F2). The staff member may either:
| A. | submit the completed medical certification to the Superintendent or his/her designee; or | |
| B. | direct the healthcare provider to transfer the completed medical certification directly to the Superintendent, which will generally require the staff member to furnish the healthcare provider with a HIPAA-compliant authorization. |
In the event the staff member fails to provide medical certification, any leave taken by the employee will not qualify for FMLA leave
.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. The staff member may either:
| A. | submit the opinion of the second healthcare provider, and the opinion of the third healthcare if applicable, to the Superintendent or his/her designee; or | |
| B. | direct the second or third healthcare provider to transfer his/her opinion directly to the Superintendent, which will generally require the staff member to furnish the healthcare provider with a HIPAA-compliant authorization. |
In the event that the staff member fails to provide the medical opinion of the second or third healthcare provider, if applicable, any leave taken by the employee will not qualify for FMLA leave.
A staff member who takes leave for his/her own serious health condition prior to returning to work, must provide the Superintendent with a statement from his/her healthcare provider that s/he is able to resume work (see Form 4430.01 F4).
The staff member shall provide the District with a statement from his/her physician that s/he is able to assume full-time responsibilities for his/her position.
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 District's health insurance program, except as provided otherwise in the collective bargaining agreement the staff member shall not accrue any sick leave, vacation, or other benefits during the family 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 District for the health insurance premiums paid by the District during the leave period.
The Board may chose not to restore the position of any staff member whose salary is among the highest ten percent (10%) of those paid by the Board when it deems that such staff member's absence from the District will create a substantial disruption to District operations.
The Superintendent shall prepare any guidelines which are appropriate for this policy and ensure that the policy is posted properly.
The Superintendent shall provide a copy of the policy upon the request of a staff member.
Family and Medical Leave Act of 1993
P.L. 103-3 Section 107 stat. 6 (1993)
Revised 8/9/04