| Mt. Pleasant Public Schools |
| Bylaws & Policies |
4430.01 - 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 support 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. A serious health condition as specified in C and D above shall be defined as 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.) |
Staff members are "eligible" if they have worked for the Board for at least twelve (12) months, and for at least 1,250 hours over the twelve (12) months prior to the leave request.
The Superintendent may require the staff member 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, if the leave periods exceed twenty percent (20%) of the total number of workdays encompassing the period of anticipated leave.
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 shall require or the staff member may request 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.
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.
In the event of the staff member's own 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. Any leave or return from leave during the last five (5) weeks of an academic term shall be reviewed individually by the Superintendent to ensure minimal disruption to the students' program. Special rules under the FMLA may apply for instructional staff.
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.
The staff member who takes leave for his/her own serious health condition 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, 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 for District for the health insurance premiums paid by the District during the leave period.
The Board may not 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 and that each staff member receives a copy of both the policy and the guidelines.
Family and Medical Act of 1993
P.L. 103-03 Section 107 stat. 6 (1993)
Revised 8/16/04