4152.6
4252.6
Personnel
-- Certified/Non-Certified
Personal Leaves
Family and Medical Leave Act
The Board will provide
leave to eligible employees consistent with the Family and Medical Leave Act of
1993 (FMLA).
In complying with the
FMLA, the district will adhere to the requirements of the Americans with
Disabilities Act, the Connecticut Fair Employment Practices Act with respect to
pregnancy-related disability leave and transfer, as well as other applicable
federal and state laws.
(cf. 4118.14 - Disabilities)
(cf. 4151.2 - Family
Illness)
(cf. 4152.3 - Maternity;
Adoptive; Child Care)
Legal Reference: 29 U.S.C. §2601 et. seq. (Family and
Medical Leave Act of 1993)
29 C.F.R. §825 et. seq. (Family
and Medical Leave Act Regulations)
Final
Rule -- published in Federal Register, Vol. 60, Nov. 4, Friday, January 6,
1995, as amended on February 3, 1995 and on March 30, 1995. Rules and
Regulations (29CFR Port 825)
C.G.S. §46A-51(17) and
§46a-60(a)(7) - Pregnancy Discrimination
Policy adopted: July
8, 2003 EAST
HADDAM PUBLIC SCHOOLS
Moodus,
Connecticut
4152.6(a)
4252.6
Personnel
-- Certified/Non-Certified
Personal Leaves
Family and Medical Leave Act
Family and Medical leaves
are required by the federal Medical Leave Act of 1993, as amended (FMLA). These
administrative regulations and the corresponding Board policy will be
interpreted to comply with that federal law and accompanying federal
regulations as well as the Connecticut Fair Employment Practices Act (CFEPA) with
respect to pregnancy-related disability leave and transfer. Employees should
contact the Superintendent of Schools if they have any questions regarding how
these guidelines apply to their situation, when and how they may take leave, or
any other question regarding family, medical or pregnancy-related disability.
An employee who has worked
for the district for at least 12 months is eligible for 12 work weeks of FMLA
leave during a 12 month period provided the employee worked at least 1,250 hours
in the 12 months preceding the beginning of the leave. The 12 months of
employment need not be consecutive months. Hours worked includes all hours,
including overtime, an employee works but does not include paid leave time such
as vacations, sick or personal leave, holidays, etc.
When FMLA leave applies,
an employee will be entitled to up to twelve work weeks of unpaid leave during
a 12 month period. The period during which an employee may take FMLA leave will
be determined on a rolling basis, measured backwards from the date upon which
an employee uses any leave. For instance, an employee requiring FMLA leave in
April will be entitled to up to twelve work weeks of leave less any leave taken
since April of the prior year.
A serious health condition
is an illness, injury, impairment or physical or mental condition involving
continuing treatment by a health care provider, or any period of incapacity or
treatment related to in-patient care (i.e., overnight stay) in a hospital, hospice
or residential medical care facility. Continuing treatment entails:
· A period of incapacity requiring absence from work, school or other regular daily activities of more than three consecutive calendar days and subsequent treatment or period of incapacity relating to the same condition that also includes continuing treatment by a health care provider;
·
Any period
of incapacity due to pregnancy or prenatal care, or treatment for a chronic
serious health condition such as asthma or diabetes, which requires periodic
visits to a health care provider and may involve occasional episodes of
incapacity; or
·
Incapacity
that is permanent or long-term due to a condition for which treatment may not
be effective, such as terminal cancer or Alzheimer's disease.
4152.6(b)
4252.6
Personnel
-- Certified/Non-Certified
Personal Leaves
Family and Medical Leave Act
Serious Health
Condition (continued)
An employee who needs to
know whether he or she has a health condition that would qualify him or her for
FMLA leave should contact the Superintendent's office who can provide forms to
take to the employee's health care provider for this purpose.
Chronic conditions such as
asthma and diabetes are considered a serious health condition even if
individual episodes of incapacity do not last more than three days.
Furthermore, conditions need not be chronic or long term when the condition is
one which is not ordinarily incapacitating but for which multiple treatments
are given because the condition would likely result in a period of incapacity
of more than three calendar days in the absence of medical intervention.
Regarding long-term chronic conditions, the condition need not be incurable.
The condition may involve a permanent or long-term incapacity and be one for
which treatment may not be effective. (29 C.F.R. 825.114)
An eligible employee may
take FMLA leave for:
·
the birth
and first-year care of a child;
·
the
adoption or foster placement of a child;
·
the serious
illness of an employee's spouse, parent or child; and
·
the
employee's own serious health condition that keeps the employee from performing
the essential functions of his/her job.
The federal FMLA
regulations refer to "substituting" leave. This means the same thing
as having two or more types of leave run concurrently. Unless an employee is on
leave for his or her own serious health condition and is receiving workers'
compensation or state disability insurance benefits, earned-paid leave will be
substituted for FMLA leave and charged against the employee's FMLA leave
entitlement as set forth below:
·
Vacation
and personal leave will be substituted when an employee cares for his or her
child after the birth or placement for adoption or foster care; and/or when an
employee cares for his or her son, daughter, or parent who has a serious health
condition.
·
Vacation,
personal and sick leave will be substituted when a serious health condition
makes an employee unable to do his or her job.
4152.6(c)
4252.6
Personnel
-- Certified/Non-Certified
Personal Leaves
Family and Medical Leave Act
In the event that no paid
leave is available to an employee to substitute for FMLA leave, FMLA leave will
be unpaid. The district's policies, practices and collective bargaining
agreements control whether an employee has accrued paid leave.
The employee will be
notified that paid leave is being substituted for, and counted against, FMLA
leave. Under most circumstances, this notice will be provided within two
business days of the district learning that the leave is being taken for an
FMLA required reason.
If a husband and wife
eligible for leave are employed by this school district, their combined amount
of leave for birth, adoption, foster care placement and parental illness may be
limited to 12 weeks when the leave is taken for a reason other than for the
illness of the employee, child or spouse.
Leave taken intermittently
or on a reduced work schedule is permitted under this policy for medical
reasons only. In these cases, the employee's leave will be charged against the
employee's FMLA entitlement in units of one hour. That is, an employee who
takes two and one-half hours of leave as intermittent FMLA leave will be
charged three hours of FMLA leave. This provision will have no effect on any
collective bargaining agreement provisions that may provide differently for the
crediting of other leave.
Unless a collective
bargaining agreement provides otherwise, if the district determines that the
intermittent leave would be disruptive to school operations, the district may
require the employee to transfer to a temporary alternative job for which the
employee is qualified and which better accommodates the intermittent or reduced
hours leave. The temporary position will have rank, pay and benefits equivalent
to the employee's regular job.
Special rules apply to
instructional employees, which are described in the section of these
regulations entitled Instructional Employees.
4152.6(d)
4252.6
Personnel
-- Certified/Non-Certified
Personal Leaves
Family and Medical Leave Act
The district will normally
continue health benefits during an employee's FMLA leave. Employees making
co-pay contributions to their health benefits must continue to do so, or
coverage may be lost. If paid leave is substituted for FMLA leave, any co-pay
contributions will be paid by the method used prior to the leave (e.g.; payroll
deduction). If the FMLA leave is unpaid, insurance payments must be paid in the
manner the district designates. The district will notify the employee in
writing of the terms and conditions by which these payments must be made. If an
employee is able to return to work after the expiration of the leave but
chooses not to, the employee will be required to reimburse the district for
premiums that district paid to maintain his or her health coverage.
During FMLA leave, the
employee shall not accrue any additional benefits unless otherwise provided for
by contract or school policy. Employment benefits accrued by the employee up to
the day on which the FMLA leave of absence begins will be available upon return
from leave.
With respect to pension
and retirement plans, FMLA leave will be treated as continued service for
purposes of vesting and eligibility to participate.
When the FMLA leave is
foreseeable, the employee must notify the district in writing of his/her
request for leave at least 30 days prior to the date when the leave is to
begin. Failure to give notice may result in the leave beginning thirty days
after notice was received. If the leave is not foreseeable, the employee must
give notice as early as is practical and normally no later than one to two
workdays after learning that leave will be necessary. A spouse or family member
may give the notice if the employee is unable to personally give notice. When
the employee requests medical leave, the employee must make reasonable attempts
to schedule treatment so as not to disrupt the district's operations. The
district may decide to waive such notice requirement and designate the leave as
FMLA leave if it would otherwise qualify.
The district, when a
request for FMLA leave is received, will provide the employee the following
information, listing the employee's obligations and requirements:
1. A statement clarifying whether the
leave qualified as family and medical leave and will, therefore, be credited to
the employee's annual 12-week entitlement.
2. A reminder that employees requesting
family and medical leave for a serious health condition or for that of an
immediate family member must furnish medical certification of the serious
health condition and the consequences for failing to do so.
4152.6(e)
4252.6
Personnel
-- Certified/Non-Certified
Personal Leaves
Family and Medical Leave Act
3. An explanation of the employee's right
to substitute paid leave for family and medical leave including a description
of when the school district requires substitution of paid leave and the
conditions related to the substitution.
4. A statement notifying employees for
paying any premium or other payments to maintain health or other benefits.
The district shall require
the employee to provide certification of the employee's serious health
condition from a health care provider containing specific information required
under law if he/she requests a medical leave. If there is a question concerning
the validity of such certification, a second, and, if necessary, a third
opinion can be required both at the expense of the district. The district shall
also require the employee to present medical certification of the family
member's serious health condition and that it is medically necessary for the
employee to take leave to care for the family member.
If the leave was for
reasons related to the employee's serious health condition, upon the employee's
return to work, the district will require that the employee present a fitness
statement from the employee's health care provider certifying that the employee
is able to return to work.
The required
certifications must be obtained from the health care provider who is treating
the individual with the serious health condition.
Medical certification must
be provided fifteen days after the request for medical certification unless it
is impracticable to do so. Employees taking family and medical leave for the
birth, adoption or foster care of a son or daughter are not required to obtain
a medical certification. The district may request recertification every thirty
days. Recertification must be submitted within fifteen days of the district's
request.
Family and medical leave
requested for serious health condition of the employee or to care for a family
member with a serious health condition which is not supported by medical
certification shall be denied until such certification is provided.
Verification must also be
presented when requesting FMLA leave to care for the employee's spouse, son,
daughter or parent with a serious health condition.
4152.6(f)
4252.6
Personnel
-- Certified/Non-Certified
Personal Leaves
Family and Medical Leave Act
An employee's right to
return to the same or an equivalent position is contingent upon the employee's
continued ability to perform all the essential functions of the position.
When the employee returns
from leave, the district will restore the employee to the same or an equivalent
position with equivalent benefits, pay, terms and conditions of employment
shift, and geographically proximate workplace in accordance the Board policy.
Employees are entitled to any unconditional pay increase, such as cost of
living increases, that occur during the period to their FMLA leave.
Under certain
circumstances, the district may deny restoration to a key employee. The
district will comply with the notice requirements of the FMLA in denying
restoration.
Further, the district may
deny restoration to an employee if the district shows that the employee would
not otherwise be employed at time of reinstatement for reasons such as layoff,
shift or special project elimination. In addition, collective bargaining
agreements between the Board and employee groups will not diminish the rights
of the employee established by FMLA.
A returning employee
cannot be restored to a position that requires additional licensure of
certification.
Instructional Employees
Special rules apply to
instructional employees. Instructional employees are those employees whose
principle function is to teach and instruct students in a small group, or an
individual setting. This term includes teachers, athletic coaches, driving
instructors and special education assistants such as signers or the hearing
impaired. It does not include teacher assistants or aides who do not have as
their principle job actual teaching or instructing, nor does is include
auxiliary personnel such as counselors, psychologists or curriculum
specialists. It also does not include cafeteria workers, maintenance workers or
bus drivers.
4152.6(g)
4252.6
Personnel
-- Certified/Non-Certified
Personal Leaves
Family and Medical Leave Act
Instructional Employees (continued)
Limitations apply to
instructional employees who take intermittent or reduced leave. If the leave
requested is:
·
to care for
a family member, or
·
for the
employee's own serious health condition, and
·
is
foreseeable based on planned medical treatment (i.e.; chemotherapy, prenatal
visits, physical therapy, etc.), and
·
the
employee would be on leave for more than 20% of the total number of working
days over the period the leave would extend,
then the district may
require the employee to choose either to:
(1) take the leave for a period of a
particular duration, not greater than the duration of the planned treatment, or
(2) transfer temporarily to an available
alternative position for which the employee is qualified, which has equivalent
pay and benefits, and which better accommodates recurring periods of leave than
does the employee's regular position. However, an instructional employee cannot
be transferred to an alternative position when the employee takes intermittent
leave that amounts to twenty (20) percent or less of the total number of
working days in the period during which the leave would extend.
Intermittent leave is not
available to take care of a newborn or recently adopted child.
Limitations also apply to
instructional employees who take leave near the end of a semester. When an
instructional employee begins leave more than five weeks before the end of a
semester, the district may require the employee to continue taking leave until
the end of the semester if:
(1) the leave
will last at least three weeks, and
(2) the employee would return to work during
the three-week period before the end of the semester.
4152.6(h)
4252.6
Personnel
-- Certified/Non-Certified
Personal Leaves
Family and Medical Leave Act
Instructional Employees (continued)
An instructional employee,
required to extend his/her leave by the district, shall not have the
"extra" leave counted against the employee's 12 workweek entitlement
unless the employee requests said additional leave be counted against the FMLA
entitlement.
When an instructional
employee begins leave for a purpose other than the employee's own serious
health condition during the five-week period before the end of the semester,
the district may require the employee to continue taking leave until the end of
the semester if:
(1) the leave
will last more than two weeks, and
(2) the employee would return to work during
the two-week period before the end of the semester.
When an instructional
employee begins leave for a purpose other than the employee's own serious
health condition during the three-week period before the end of a semester, and
the leave will last more than five working days, the district may require the
employee to continue taking leave until the end of the semester.
Leave may not be counted
against an employee during times (vacation periods) when they are not normally
required to work.
When the employee is
required to take leave until the end of the semester, only the time until the
employee is "ready and able" to work shall be charged to FMLA leave.
Employees are entitled to
leaves of absence for disability resulting from pregnancy, which may occur both
before and after the birth of the child. An employee taking such leave must
provide a medical certification from a health care provider in the same manner
she would for FMLA leave.
When an employee's
disability also qualifies as a serious health condition under this policy, the
two types of leave will run at the same time. When this happens, the leave will
be counted against the employee's FMLA leave entitlement. While on
pregnancy-related disability leave, an employee will be eligible to receive the
same disability benefits as an employee on a medical leave of absence. In the
event no paid days are available, the leave will be unpaid. Return to work FMLA
entitlements apply.
4152.6(i)
4252.6
Personnel
-- Certified/Non-Certified
Personal Leaves
Family and Medical Leave Act
If a pregnant employee
reasonably believes that continued work in her current position could cause
injury to herself or the fetus, she should give written notice to the
Superintendent's Office. Upon receipt of such notice, the district will make a
reasonable effort to transfer the pregnant employee to a suitable temporary position.
The district's decision regarding the request for transfer may be appealed to
the Connecticut Commission on Human Rights and Opportunities.
Regulation
approved: July 8, 2003 EAST HADDAM PUBLIC
SCHOOLS
Moodus,
Connecticut
Summary of Family and Medical Leave
Act
(Sample
District Provisions)
The
purpose of the Family and Medical Leave Act is to provide an unpaid leave of
absence which enables employees to be absent from work for up to 12 work weeks
without loosing certain benefits. Such requests must be submitted in writing to
the Superintendent. Such requests will
be approved in accordance with the procedure outlined below and in compliance
with the Family and Medical Leave Act.
Eligible Employees
Employees
are eligible for family and medical leave under the Family and Medical Leave
Act of 1993 if these criteria are met:
1. The employee has worked for the
District for at least twelve months or 52 weeks. (The months and weeks need not be consecutive.)
2. The employee has worked at least 1,250
hours within the previous year. Full
time professional employees who are exempt from the wage and hour law may be
presumed to have worked the minimum hour requirement.
Eligible Reasons for Family and Medical Leave
1. Because of the birth of a son or
daughter of the employee and in order to care for such son or daughter.
2. Because of the placement of a son or
daughter with the employee for adoption or foster care.
3. In order to care for the spouse, or a
son, daughter or parent of the employee if the spouse, son, daughter or parent
has a serious health condition.