The District, in compliance with the Family Medical Leave Act of 1993 (FMLA), will grant eligible employees up to a total of twelve (12) weeks of unpaid, job-protected leave. The twelve (12) month period of FMLA leave will be measured from the date the employee first takes FMLA leave.
- Employees are eligible for FMLA leave if they have worked for the District for a total of twelve (12) months and worked at least 1,250 hours during the previous twelve (12) months.
- FMLA leave will be granted for the following reasons:
- for the birth and care of the newborn child(ren) of the employee;
- for placement with the employee of a son or daughter for adoption or foster care;
- to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
- to take medical leave when the employee is unable to work because of a serious health condition; or
- to address certain qualifying emergencies in support of a spouse, son, daughter, or parent on active military duty.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member who has a serious injury or illness incurred in the line of active duty.
FMLA regulations allow spouses employed by the District to be jointly entitled to a combined total of twelve (12) weeks of family leave for the birth and care of the newborn child(ren), for placement of a child for adoption or foster care, and to care for a parent who has a serious health condition. Leave for birth and care, or placement for adoption or foster care must conclude within twelve (12) months of the birth or placement.
It is the belief of the Moscow School District Board of Trustees that each individual employee shall be considered as single individuals and be granted FMLA leave as such.
Under some circumstances, employees may take FMLA leave intermittently which means taking leave in blocks of time, or by reducing their normal weekly or daily work schedule.
The employee must use available accrued sick and vacation leave to cover some or all of the FMLA leave.
C. Serious Health Condition. “Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves:
- any period of incapacity or treatment connected with inpatient care in a hospital, hospice, or residential medical care facility and any period of incapacity or subsequent treatment in connection with such inpatient care; or
- any period of incapacity requiring absence of more than three consecutive days from work or other regular daily activities that involves continuing treatment by a health care provider; or
- continuing treatment by a health care provider for a chronic or long-term health condition that is incurable or is so serious that, if not treated, would likely result in a period of incapacity for more than three days; or
- pregnancy or prenatal care – a visit to the health care provider is not necessary for each absence; or
- a chronic serious health condition which continues over an extended period of time requiring periodic visits to a health care provider and may involve occasional episodes of incapacity. A visit to a health care provider is not necessary for each absence; or
- a permanent condition for which treatment may not be effective (e.g. Alzheimer’s, severe stroke, terminal cancer). Only supervision by a health care provider is required, rather than active treatment; or
- any absences to receive multiple treatments for restorative surgery or for a condition which would likely result in a period of incapacity of more than three days if not treated.
D. Maintaining Health Benefits. The District will maintain group health insurance coverage for an employee on FMLA leave. If applicable, arrangements will be made for the employee to pay their share of the health insurance premiums while on leave. The District may recover premiums it paid to maintain health insurance coverage for an employee who fails to return to work from FMLA leave.
E. Job Restoration. Upon returning from FMLA leave, the employee shall be restored to his/her original or an equivalent job for which the employee is qualified with equivalent pay, benefits, and other terms and conditions of employment.
F. Notice and Certification.
- Employees seeking to use FMLA leave are required to provide 30-day advanced notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable.
- Medical certification supporting the need for leave due to serious health conditions affecting the employee or an immediate family member may be requested by the District. The District may also request a second or third medical opinion (at District expense) and periodic recertification along with periodic reports during FMLA leave regarding the employee’s status and intent to return to work. Employees on FLMA leave are to report periodically during the leave period on their status and intention to return to work. A person on FMLA leave is to inform their immediate supervisor if their medical condition changes or if they are unable to return to work when anticipated.
- Employees returning from medical leave caused by their own illness may be required to obtain medical certification from a health care provider that they are able to resume work.