General Statement
The District is committed to compliance with the Family and Medical Leave Act of 1993 (the “FMLA”).  The FMLA allows eligible employees to take up to 12 weeks (60 working days) of job-protected, unpaid leave per year for certain specified reasons, and up to a total of 26 workweeks of leave to care for a family member who is a “covered servicemember” recovering from injury or illness incurred during active duty military service.  
A description of your rights and responsibilities under the FMLA is included on the DOL “General Notice” Poster located in each District building. 
The following is a description of the District’s specific policies and procedures relating to FMLA leave.

Eligibility
FMLA leave is available only to eligible employees.  To be an “eligible employee” under the FMLA, you must:
a.    have been employed by the District for a total of at least twelve (12) months (not necessarily consecutive), and have worked at least 1,000 hours for the District during the twelve (12) months before the date on which your leave is to begin, or
b.    be a full-time teacher who has been employed by the District for at least twelve (12) months as a full-time teacher.

Reasons for FMLA Leave
If you are an eligible employee, you may take leave under the FMLA for the following reasons:
1.    For a serious health condition that makes you unable to perform the essential functions of your job; 
2.    For the birth of your child, and to care for your newborn child; 
3.    For the placement with you of a child for adoption or foster care; 
4.    To care for your spouse, child (who is under 18 years of age or incapable of self-care due to a physical or mental disability), or parent (not a parent-in-law), who has a serious health condition; 
5.    To address “qualifying exigencies” that arise because your spouse, son, daughter, or parent is a member of the Armed Forces who is on or has been notified of an impending covered active duty deployment to a foreign country. 
6.    To care for a spouse, son, daughter, parent, or next of kin who is a “covered servicemember,” while the covered servicemember is undergoing medical treatment, recuperation, or therapy; is in outpatient status; or is on the temporary disability retired list.  

Definitions
Eligibility for FMLA leave will be determined in accordance with the definitions set forth in the FMLA and the applicable FMLA regulations in effect at the time your eligibility for leave is being determined.  The following definitions are summaries provided for your convenience, and are not intended to modify the definitions set forth in the FMLA or the applicable regulations, to modify any rights that may exist under the FMLA, or to create any right to leave not otherwise required by the FMLA.

Serious Health Condition
For the purposes of FMLA, "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:
1.    In-patient care (i.e., an overnight stay) in a hospital, hospice, or residential medical-care facility, or any period of incapacity or subsequent treatment connected with such in-patient care; or
2.    Any period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities due to the condition, treatment for the condition, or recovery from treatment), which is:
•    More than three (3) consecutive calendar days and involves: 
i.    One in-person treatment by a health care provider, a nurse under direct supervision of a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider, followed by a second in-person treatment visit that occurs (absent extenuating circumstances) within 30 days of the first day of incapacity; or
ii.    One in-person treatment by a health care provider, a nurse under direct supervision of a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider, that results in a continuing regimen of continuing treatment under the supervision of a health care provider; or
•    Due to pregnancy or for prenatal care; or
•    Due to a chronic condition that requires period visits (at least twice per year) for treatment by a health care provider, or by a nurse under direct supervision of a health care provider, that continues over an extended period of time, and that may cause episodic rather than a continuing period of incapacity (for example, asthma, diabetes, epilepsy, etc.); or
•    Permanent or long-term due to a condition for which treatment may not be effective, but for which you or your family member are under the continuing supervision of (but need not be receiving active treatment by) a health care provider.
3.    Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider for restorative surgery after an accident or injury, or for a condition that would likely result in a period of incapacity of more than three (3) consecutive full calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.) or kidney disease (dialysis).
Ordinarily, the common cold, the flu, ear aches, upset stomach, minor ulcers, headaches other than migraines, routine dental or orthodontic problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  
With regard to substance abuse (including alcohol abuse), FMLA leave may be taken only for treatment of substance abuse by (or on referral from) a health care provider.  Absences caused by the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.

Health Care Provider
For purposes of the FMLA, "health care provider" means:
•    A doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices; 
•    Podiatrists, dentists, clinical psychologists, optometrists and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist), authorized to practice in the state, and performing within the scope of their practice as defined under state law; 
•    Nurse practitioners, nurse-midwives and clinical social workers and physician assistants who are authorized to practice under state law and who are performing within the scope of their practice under state law; 
•    Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; 
•    Any health care provider from whom the District or the District's group health plan will accept certification of the existence of a serious health condition to substantiate a claim for benefits; and
•    A health care provider listed above who practices in a country other than the United States, who is authorized to practice in accordance with the law of that country, and who is performing within the scope of his or her practice as defined under such law.  

For purposes of the FMLA, “authorized to practice in the state” means that the health care provider is authorized by state law to diagnose and treat physical or mental health conditions.  

Qualifying Exigency
For purposes of FMLA leave to address a “qualifying exigency” that arises because an employee’s spouse, son, daughter, or parent is a member of the Armed Forces who is on or has been notified of an impending covered active duty deployment to a foreign country, the term “qualifying exigency” means the following:
•    Issues that arise from the fact that a covered military member is notified of an impending deployment to a foreign country seven or fewer days before the date of deployment.  Employees are eligible for leave for this purpose for a period of seven calendar days beginning on the day the covered military member is notified of then impending deployment.
•    Attending military events and related activities, such as ceremonies, programs and briefings sponsored by the military, military service organizations, or the American Red Cross, that are related to the active duty or call to active duty status of a covered military member.
•    Attending to childcare and school-related activities arising from a covered military member’s active duty or call to active duty status, such arranging for alternative childcare, providing childcare on an urgent, immediate need basis (but not on a routine, regular, or everyday basis), enrolling in or transferring a child to a new school or day care facility, attending meetings with staff at a school or day care facility.
•    Making financial and legal arrangements to address the covered military member’s absence while on active duty or call to active duty status.
•    Acting as the covered military member’s representative before a government agency for purposes of obtaining, arranging, or appealing military service benefits while a covered military member is on active duty deployment and for a period of 90 days following the end of the deployment.
•    Attending counseling provided by someone other than a health care provider for oneself, for the covered military member, or his or her child; 
•    To spend time with a covered military member who is on short-term, temporary rest and recuperation leave during the period of deployment.  Eligible employees may take up to fifteen days of leave for each instance of rest and recuperation.  
•    To attend to post-deployment activities, including official ceremonies and programs sponsored by the military for a period of 90 days following the termination of a covered military member’s active duty status, and to address issues arising from the death of a covered military member while on active duty status, such as recovering the body and making funeral arrangements.
•    Parental care (allows family members to take time off to arrange for care for parents of military members who are incapable of self-care when the need for leave arises as a result of active duty or a call to active duty.  This cannot be used for routine day-to-day care).
•    Additional activities as agreed upon by the District and the employee.  

Exigency leave protections apply to family members of military members who are in reserve units, retired Armed Forces and who are in the regular Armed Forces so long as the military member is on or has been notified of an impending covered active duty.  
For purposes of this section, “covered active duty” means:
•    For members of the Regular Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or 
•    For members of the Reserve components of the Armed Forces (members of the National Guard and Reserves), duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in support of a contingency operation.

Leave to Care for a Covered Servicemember
The following definitions apply to leave to care for a “covered servicemember”:
1)    A “Covered servicemember” is either:
a.    A member of the Armed Forces (including a member of the national Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness, OR
b.    A veteran of the Armed Forces (including the National Guard or Reserves) discharged within the five-year period before the family member first takes military caregiver leave to care for the veteran and who is undergoing medical treatment, recuperation, or therapy for a qualifying serious injury or illness. A veteran who was dishonorably discharged does not meet the FMLA definition of a covered servicemember.
2)    A “serious injury or illness” means:
a.    In the case of a current member of the Armed Forces, an injury or illness incurred in the line of duty on active duty in the Armed Forces, or one that existed before the beginning of the covered servicemember’s active military service, but that was aggravated by service in the line of active duty in the Armed Forces, that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating; or
b.    In the case of a veteran, an injury or illness that was incurred by the covered veteran in the line of duty on active duty in the Armed Forces or that existed before the veteran’s active duty and was aggravated by service in the line of duty on active duty, and that is either: 
i.    a continuation of a serious injury or illness that was incurred or aggravated when the veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember’s office, grade, rank, or rating; or 
ii.    a physical or mental condition for which the veteran has received a U.S. Department of Veterans Affairs Service-Related Disability Rating (VASRD) of 50 percent or greater, and the need for military caregiver leave is related to that condition; or 
iii.    a physical or mental condition that substantially impairs the veteran’s ability to work because of a disability or disabilities related to military service, or would do so absent treatment; or 
iv.    an injury that is the basis for the veteran’s enrollment in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers. 
3)    “Next of kin” means the nearest blood relative, other than spouse, parent, son or daughter, in the following order of priority:  blood relatives granted legal custody over the covered servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins.  If the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA, that relative (and only that relative) will be the covered servicemember’s next of kin.  When no such designation is made and there are multiple family members with the same level of relationship to the covered servicemember, all such family members are considered the covered servicemember’s next of kin.   

Amount of Leave
Generally, eligible employees are entitled to take up to 12 weeks (60 working days) of leave in a single 12-month period for the reasons specified above.  
For the purposes of this policy, the District will use a “rolling” 12-month period measured backward from the date an employee uses any FMLA leave.  Available leave is determined by subtracting the number of weeks of FMLA leave taken during this 12-month “look back” period from the 12-week total allowed.  
Any leave taken for the birth or care of a child or the placement of a child for adoption or foster care must be completed within one year after the date of birth or placement.  
If both you and your spouse are employed by the District and eligible for FMLA leave, you will be permitted to take only a combined total of 12 weeks (60 working days) of leave during a 12-month period if leave is for the birth and care of a child, the placement of a child for adoption or foster care, or to care for a parent (not a parent-in-law) with a serious health condition.  
Eligible employees are also entitled to up to 26 workweeks of leave in a single 12-month period to care for a spouse, son, daughter, parent, or next of kin who is a “covered servicemember.”  The 12-month period for leave to care for a covered servicemember begins on the first day that an employee takes leave to care for a covered servicemember.  During this period, the employee is entitled to a combined total of 26 workweeks of leave for any FMLA-qualifying reason, no more than 12 weeks (60 working days) of which may be for reasons other than to care for a covered servicemember.   This leave is applied on a per-covered-servicemember, per-injury basis, meaning that an employee is entitled to only one 26-workweek allotment of leave per covered servicemember (unless the covered servicemember is later re-injured in the line of active duty).  If both you and your spouse are employed by the District and are eligible for FMLA leave, you will be permitted to take only a combined total of 26 workweeks of leave during the single 12-month period for this reason.

How to Request FMLA Leave
If you need to take time off for reasons that you believe qualify for FMLA leave, you must comply with the District’s usual and customary procedures for requesting time off.  It is your responsibility to provide the District with sufficient information to make it aware that your leave is for an FMLA-qualifying reason, and to inform the District of the timing and duration of your leave.  To request time off under this policy, you must direct your leave request to the Assistant Superintendent of Administration and Personnel, and you also will be required to fill out a Leave Request Form.  If necessary, the District may contact you to request additional information or documentation regarding your absence.  Failure to comply with the District’s usual and customary procedures for requesting time off or to provide documentation or information requested by the District may result in delay or denial of requested leave, and/or disciplinary action up to and including termination of employment.
If you know of your need for time off 30 or more days in advance, you must notify the District, in writing, no later than 30 days before your time off begins, absent extenuating circumstances.  If you provide less than 30 days’ notice of your time off, you will be required to explain why it was not practicable for you to provide 30 days’ notice.  
If you cannot provide 30 days’ notice, you must notify the District of your need for time off as soon as practicable under the circumstances.  In most cases, this will mean the same day you learn of your need for time off, or the next business day.  
When scheduling time off, you will be expected to consult with the District to work out a schedule for leave that, to the extent possible, meets your needs without unduly disrupting the District’s operations.

Intermittent and Reduced Schedule Leave
When taking FMLA leave for your own serious health condition, to care for a family member with a serious health condition, or to care for a covered servicemember, you may take FMLA leave on an intermittent or reduced schedule basis, if the required health care provider’s certification indicates that this is medically necessary.  FMLA military family leave may also be taken on an intermittent or reduced schedule basis when necessary due to a qualifying exigency.
If you require intermittent or reduced schedule leave, you will be expected to consult with the District to work out a schedule for such leave that meets your needs without unduly disrupting the District’s operations, subject to approval by the health care provider.  
Likewise, if you need FMLA leave due to planned medical treatment for your own or a family member’s serious health condition, you will be expected to consult with the District to work out a treatment schedule that best suits your needs and the needs of the District, subject to approval by the health care provider.  In some circumstances, the District may alter your existing job (while maintaining existing pay and benefits), or may temporarily transfer you to a different position with equivalent pay and benefits, to better accommodate your intermittent or reduced schedule leave.
The District may consider requests for intermittent or reduced schedule leave due to the birth, adoption or foster placement of a child, but is not obligated to grant such requests, and will do so only at the District’s sole discretion.

Special Rules for Instructional Employees
For purposes of FMLA, instructional employees are those employees whose principal function is to teach and instruct students in a class, small group, or an individual setting, including teachers and athletic coaches.  It does not include teacher aides who do not actually teach or instruct, social workers, curriculum specialists or other auxiliary personnel.
1.    Intermittent Leave
If an instructional employee requests intermittent or reduced schedule leave to care for a family member, a covered servicemember, or for the instructional employee's own serious health condition, and the instructional employee would be on leave for more than twenty (20) percent of the instructional employee's total number of working days over the period the leave would extend, the District may require the instructional employee to choose either to:
•    Take leave for a period of particular duration, not greater than the duration of the planned treatment, or
•    Temporarily transfer to an available alternative position with equivalent pay and benefits which better accommodates the recurring periods of leave.
Leave taken by an instructional employee for a period that ends with the school year and begins with the next school year is taken consecutively rather than intermittently.  Any period during summer vacation when the employee would not have been required to report for duty will not be counted against the employee’s FMLA leave entitlement.
2.    Limitations on Leave Near the End of an Academic Term
•    If an instructional employee begins FMLA 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 the leave will last at least three weeks, and the employee would return to work during the three-week period before the end of the semester.
•    If an instructional employee begins FMLA leave during the five-week period before the end of a semester because of the birth of a son or daughter, the placement of a son or daughter for adoption or foster care, to care for a family member with a serious health condition, or to care for a covered servicemember, the District may require the employee to continue taking leave until the end of the semester if the leave will last more than two weeks, and the employee would return to work during the two-week period before the end of the semester.  
•    If an instructional employee begins leave during the three-week period before the end of a semester because of the birth of a son or daughter, the placement of a son or daughter for adoption or foster care, to care for a family member with a serious health condition, or to care for a covered servicemember, the District may require the employee to continue taking leave until the end of the semester if the leave will last more than five working days. 
•    If an employee who is ready and able to return to work is required to remain on leave until the end of the semester under this section, only the period of leave until the employee is ready and able to return to work will be charged against the employee’s 12-week FMLA leave entitlement, but the employee will have the same rights with respect to benefits and job restoration as if the period were FMLA leave.  

Eligibility Notice
After you give notice of your need for FMLA leave, the District will provide you with a written notice advising you whether or not you are an “Eligible Employee” under the FMLA.  The District will provide this eligibility notice within five business days after you give notice of your need to leave, absent extenuating circumstances.  If you later make another request for FMLA leave within the same 12-month period, the District may elect not to provide another eligibility notice, unless your status as an eligible employee has changed.  Note that even if you are an “eligible employee” under the FMLA, your request for leave may be denied if the District determines that your leave is not for an FMLA-qualifying reason, or if you have exhausted all available leave under the FMLA.   
At the same time as it provides the eligibility notice, the District will provide you with a written notice advising you of any applicable rights and responsibilities relating to your requested FMLA leave.

Required Certification
It is your responsibility to provide the District with any information needed to determine whether your leave qualifies as FMLA leave.  The FMLA requires you to respond to reasonable requests for information regarding your leave, and your failure to do so may result in delay or denial of your requested leave.  In addition, you may be required to provide the certifications described below.   

Certification for Serious Health Condition
If you are requesting FMLA leave due to your own serious health condition, or to care for a family member with a serious health condition, you will be required to provide a health care provider’s certification on a form that will be provided by the District.  It is your obligation to provide a complete and sufficient certification form to the District within 15 calendar days after the District requests it.  If it is not practicable for you to provide a completed, sufficient certification form within 15 days despite your diligent, good faith efforts to do so, you must contact Administration and Personnel to explain the situation.  
If you return a certification form but it is incomplete (i.e., one or more items are left blank) or insufficient (i.e., responses are vague, illegible, ambiguous, or non-responsive), Administration and Personnel will notify you of the deficiency.  You will then have 7 calendar days to provide a complete, sufficient certification.  If it is not practicable for you to provide a completed, sufficient certification form within 7 days despite your diligent, good faith efforts to do so, you must contact Administration and Personnel to explain the situation.  

Authentication and Clarification 
The District may contact the health care provider to authenticate a completed certification form by providing the health care provider a copy of the form and requesting verification that the information contained on the form was written or authorized by the health care provider who signed the document.
Additionally, the District may request clarification of information on the certification form, and may ask you to sign, or have your family member sign, a release form authorizing the health care provider to communicate with the District for the purpose of clarifying the certification.  If the certification is unclear and you fail to provide a signed authorization or otherwise clarify the certification, the District may deny your request for FMLA leave

Second and Third Opinions
The District may require you to obtain a second certification at the District’s expense from a health care provider designated by the District.  If the second health care provider’s certification differs from your health care provider’s certification, the District may require you to obtain certification from a third health care provider, again at the District’s expense.  The third health care provider will be designated or approved jointly by you and the District.  You and the District are required to act in good faith to attempt to reach agreement on a third health care provider.  The third opinion will be final and binding.  

Recertification
If you take leave due to your own or a family member’s serious health condition, you will generally be required to submit a complete and sufficient recertification from your health care provider every 30 days in conjunction with an absence.  If your health care provider’s initial certification specifies that the minimum duration of the condition for which you are taking leave is longer than 30 days, you will be required to submit a recertification in conjunction with an absence when the minimum duration expires, or every six months, whichever is less.  You also may be required to provide a recertification if you request an extension of leave, the circumstances described in the original certification have changed significantly, or the District receives information raising doubt as to your eligibility for FMLA leave.  The District will provide you with the required recertification form when a recertification is required.

Certification of a Qualifying Exigency
If you request FMLA leave due to a qualifying exigency arising out of the active duty or call to active duty status of a covered military member, you will be required to submit a complete and sufficient certification form provided to you by the District, and to provide the documentation requested therein.  You must provide this certification within 15 days after the District requests it.  If you submit a certification but it is incomplete or insufficient, the District will notify you of the deficiency.  You must correct the deficiency within 7 days after this notice.  If it is not practicable for you to provide a complete and sufficient certification within these deadlines, you must contact Administration and Personnel to explain the situation.  
If the qualifying exigency for which you are taking leave involves a meeting or appointment with a third party, the District may contact the third party for purposes of verifying the meeting or appointment and the nature of the meeting or appointment.  The District also may contact an appropriate unit of the Department of Defense to request verification that the covered military member is on active duty or call to active duty status.  

Certification for a Covered Servicemember
If you request leave to care for a covered servicemember with a serious injury or illness, you will be required to obtain a certification from the servicemember’s authorized health care provider on a form provided to you by the District.  Any one of the following may complete this certification:  A U.S. Department of Defense (“DOD”) health care provider; a U.S. Department of Veteran’s Affairs health care provider; a DOD TRICARE network authorized private health care provider; or a DOD non-network TRICARE authorized private health care provider.  
The District may contact the health care provider to authenticate a completed certification form by providing the health care provider a copy of the form and requesting verification that the information contained on the form was written or authorized by the health care provider who signed the document.
Additionally, the District may request clarification of information on the certification form, and may ask that the covered servicemember sign a release authorizing the health care provider to communicate with the District for the purpose of clarifying the certification.  If the certification is unclear and you fail to provide a signed authorization or otherwise clarify the certification, the District may deny your request for FMLA leave.  

Designation of FMLA Leave
The District will provide you with a written notice advising whether your leave will be designated as FMLA leave.  Absent extenuating circumstances, the District will provide this notice within five business days after it receives sufficient information to determine whether your requested leave is for an FMLA-qualifying reason.  If the District does not provide the designation notice within the time specified above, the District may retroactively notify you that time off will be designated as FMLA leave if the delay in providing this notice does not cause you harm or injury, or if you and the District agree that the time off will be designated as FMLA leave.
While You Are on FMLA Leave

Unpaid Leave and Substitution of Paid Leave
FMLA leave is generally unpaid.  However, if you have any vacation, personal or sick leave, or other paid leave available to you under applicable District policies or collective bargaining agreements, you will be required to use this paid leave concurrently with your FMLA leave, and to exhaust any available paid leave before any unpaid portion of your FMLA leave commences, except where otherwise specified in a collective bargaining agreement.
If you are taking FMLA leave due to your own serious health condition that renders you unable to work, any disability benefits for which you are otherwise eligible under a disability benefit plan or workers’ compensation law may be used in conjunction with paid vacation or sick time, provided that total payments do not exceed 100% of your normal base pay, and provided that you comply with all applicable terms and conditions of the disability benefit plan or workers’ compensation law.  

Group Insurance Benefits
If you are enrolled in the District’s group health insurance plan and wish to continue this coverage while you are on FMLA leave, you will be responsible for paying the employee share of the premiums during any period of FMLA leave.  The District will continue deducting premiums from your paycheck during any period during which paid time off is substituted for unpaid FMLA leave.  The District will provide you with instructions for paying health insurance premiums during any period of unpaid FMLA leave.  The District will continue to pay its share of the premiums for your group health insurance coverage while you are on FMLA leave, unless you notify the District of your intent not to return to work following leave.  If you do not timely pay your share of health insurance premiums while you are on FMLA leave, you may be dropped from plan coverage until you return to work.  
If you do not return to work upon completion of your FMLA leave, you may be required to repay the District for any premiums paid by the District to maintain your group health insurance coverage during your leave, unless the failure to return to work was due to the recurrence or onset of a serious health condition or injury or illness of a covered servicemember, which would otherwise entitle you FMLA leave, or due to other circumstances beyond your control.

Other Benefits
The District is not obligated to maintain life insurance or other benefits while you are on FMLA leave.  To continue such benefits during any period of unpaid FMLA leave, you will be required to pay the entire cost of such benefits.  The District will provide you with instructions for making these payments.
Consistent with District policy for all types of leave, you will not accrue vacation or personal leave or other benefits while you are on unpaid FMLA leave.  Additionally, you will not be paid for holidays that occur during the leave.  However, the leave period will be treated as continuous service (i.e., no breach of service) for purposes of vesting and eligibility to participate in the Illinois Teacher Retirement System or Illinois Municipal Retirement System.

Reporting Requirements During Leave
While on FMLA leave for an extended period of time, you will generally be required to contact Administration and Personnel at least every two weeks to report on your status and confirm your intention to return to work on the scheduled date, as required under the District’s usual and customary policies.
If you require an extension of FMLA leave, it is your responsibility to notify the District at least two business days before the expiration of your initial leave.  Conversely, if you are able to return to work before the expiration of your initial leave, you must notify the District at least two business days before you return to work.  
 

Reinstatement at the Conclusion of Leave
If you timely return from FMLA leave and used the leave for the stated purpose, you generally will be reinstated to the same position you held when you began your leave, or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment. However, you may not be reinstated if your employment would have terminated for reasons unrelated to your FMLA leave, or if you are unable to perform any essential functions of your job (with or without any required accommodations).  Determination of how an employee is returned to "an equivalent position" will be made on the basis of established Board of Education policies and practices and the applicable collective bargaining agreement, if any.  
Before returning to work from FMLA leave lasting more than three consecutive work days (or for an absence of a shorter duration that gives rise to a reasonable safety concern regarding your ability to safely perform you job), you will be required to submit a certification from your health care provider that you are able to resume work.  This certification must specifically confirm that you are able to perform the essential functions of your position, as set forth in the job description provided to you by the District.  

Prohibitions
Consistent with the District’s policy regarding all types of leave, the following conduct is strictly prohibited in relation to FMLA leave:
a.    Engaging in fraud, misrepresentation or providing false information to the District or any health care provider.
b.    Having other employment during the leave, without prior written approval from his/her department head.
c.    Failure to comply with the employee's obligations under this policy.
d.    Failure to timely return from the leave.

Employees who engage in such conduct will be subject to loss of benefits, denial or termination of leave, and discipline, up to and including discharge.

The District’s Commitment 
The District will not interfere with, restrain, or deny the exercise of any right provided by the FMLA, nor will it discharge or discriminate against any individual for opposing any practice or involvement in any proceeding relating to the FMLA.  The District recognizes the co-existence of state and/or local laws regarding family and medical leave.  Where such laws apply and provide greater family and medical leave rights than the FMLA, the District will comply with those laws.  To the extent that anything in this Policy conflicts with any applicable collective bargaining agreement, the terms of the collective bargaining agreement will be controlling with respect to the employees covered by that agreement, provided that in all cases the District will comply with its obligations under the FMLA and applicable regulations as they may be amended from time to time.

LEGAL REF.: Family and Medical Leave Act, 29 U.S.C. §2601 et seq., 29 C.F.R. Part 825.

CROSS REF.: 5:180 (Temporary Illness or Temporary Incapacity), 5:250 (Leaves of Absence), 5:310 (Compensatory Time-Off), 5:330 (Sick Days, Vacation, Holidays, and Leaves)

ADOPTED: November 22, 2004

REVISED: December 14, 2009
May 26, 2015
January 24, 2022