POLICY MANUAL

Family and Medical Leave - Regulation R5-47

A. Generally
The Lynchburg City School Board recognizes its obligation to provide eligible employees with unpaid leave pursuant to the Family and Medical Leave Act (FMLA), 29 U.S.C. §2601 et seq. This administrative regulation describes the benefits available to eligible employees under the Act.

B. Definitions
1. Active Duty: The term “active duty” means duty under a call or order to active duty under a provision of law referred to in 10 U.S.C. §101(a)(13)(B).

2. Contingency Operation: The term “contingency operation” has the same meaning given such term in 10 U.S.C. §101(a)(13).

3. Covered Servicemember: The term “covered servicemember” means 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.

4. Eligible Employee: To be eligible for leave under this administrative regulation the employee must have at least twelve (12) months of service with the Lynchburg City Schools and have worked at least 1250 hours according to the Fair Labor Standards Act, 29 U.S.C. §201 et seq., in the twelve (12) months preceding the commencement of the leave. Full-time teachers are deemed to meet the 1250 hour test.

5. Instructional Employee: Employees whose principal function is to teach and instruct students in a class, a small group, or an individual setting such as teachers, athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. The term does not include teacher assistants or aides who do not have as their principal function actual or instructing, or auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria works, maintenance workers, bus drivers, or other primarily noninstructional employees.

6. Next of Kin: The term “next of kin” used with respect to an individual, means the nearest blood relative of that individual other than the covered servicemember’s spouse, parent, son, or daughter, in the following order or priority: blood relatives who have been granted legal custody of the covered servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for the purposes of military caregiver leave under the FMLA. 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 shall be considered the covered servicemember’s next of kin and may take FMLA leave to provide care to the covered servicemember, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered servicemember’s only next of kin.

7. Outpatient Status: The term “outpatient status,” with respect to a covered servicemember, means the status of a member of the Armed Forces assigned to

a. a military medical treatment facility as an outpatient; or
b. a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

8. Serious Health Condition: A serious health condition is an illness, injury,
impairment or condition that involves inpatient care or continuing treatment by a health care provider.

9. Serious Injury or Illness: The term “serious injury or illness,” in the case of a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness incurred by the member in line of duty on 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.

10. Year: A rolling 12-month period measured backward from the date an employee uses an FMLA leave.

C. Leave
1. Any eligible employee is entitled to leave for a combined total of twelve (12) weeks per year for the following situations:

a. the birth and care of a newborn child;

b. the adoption or foster placement of a child;

c. to care for an employee’s spouse, parent, or child with a serious health condition;

d. because of a serious health condition that makes the employee unable to perform the essential functions of the employee’s job; and

e. because of any qualifying exigency as defined in Department of Labor regulations, arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.

2. However, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember is entitled to a total of 26 workweeks or leave per year to care for the servicemember. Leave under this paragraph is available only during a single year. During that year the employee is entitled to a combined total of 26 workweeks of leave under this regulation.

3. To the extent that an employee is entitled to compensated leave under other Lynchburg City School board policies and administrative regulations, such paid leave shall be substituted for unpaid FMLA leave. Otherwise, family medical leave is unpaid. When paid leave is available, the employee must satisfy any procedural requirements of the division’s paid leave policy.

4. Employees on FMLA leave must report their status and intention regarding returning to work to the school division at least every four weeks.

D. Notice to Employees of Their Rights under the FMLA
1. Posting and General Notice: The Lynchburg City Schools shall post, in conspicuous places, on the premises of the school division where notices to employees and applicants for employment are customarily posted, a notice explain the FMLA’s provisions and providing information about the procedure for filing complaints with the Department of Labor. WHD Publication 1420 Employee Rights and Responsibilities under FMLA. A copy of WHD Publication 1420 will also be given to each employee by including it in the employee handbook or similar document or by distributing it to each new employee upon hiring.

2. Eligibility Notice: When an employee requests FMLA leave, or the school division has knowledge that an employee’s leave may be for an FMLA-qualifying reason, the school division should notify the employee of the employee’s eligibility to take FMLA leave within five business days. The eligibility notice should state whether the employee is eligible for FMLA leave. If the employee is not eligible for FMLA leave, the notice must state at least one reason why the employee is not eligible (such as, for example, the number of months the employee has worked for the school division). This notification may be accomplished by providing the employee a copy of form WH-381 Notice of Eligibility and Rights and Responsibilities.

3. Notice of Rights and Responsibilities: The school division will provide written notice detailing the specific expectations and obligations of the employee and explaining the consequences of the failure to meet those obligations each time the employee is given an eligibility notice. This notice will include, as appropriate:

a. that the leave may be designated and counted against the employee’s annual FMLA leave entitlement and the 12-month period for FMLA entitlement;

b. any requirements for the employee to furnish certification of a serious health condition, serious injury or illness, or qualifying exigency arising out of active duty or call to active duty status, and the consequences of failing to provide certification;

c. that the school division will substitute paid leave for unpaid leave and any conditions related to the substitution and the employee’s right to take unpaid FMLA leave if the employee does not meet the conditions for paid leave;

d. any requirement for the employee to make any premium payments to maintain health benefits and the arrangements for making such payments, and the possible consequences of failure to make such payments on a timely basis;

e. the employee’s rights to maintenance of the benefits during the FMLA leave; and f. the employee’s potential liability for payment of health insurance premiums paid by the employer during the employee’s unpaid FMLA leave if the employee fails to return to work after FMLA leave.

The Notice of Rights and Responsibilities should be accompanied by any required certification form.

The Notice of Rights and Responsibilities will also include notice that employees on FMLA leave must report their status and intention regarding returning to work to the school division at least every four weeks.

If the information provided by the Notice of Rights and Responsibilities changes, the school division will, within five business days of receipt of the employee’s first notice of need for leave subsequent to any change, provide written notice referencing the prior notice and settling forth any of the information in the Notice of Rights and Responsibilities that has changed.

4. Designation Notice: When the school division has enough information to determine whether the leave is being taken for a FMLA-qualifying reason, the school division should give the employee written notice whether the leave will be designated and will be counted as FMLA leave within five business days. If the school division determines that the leave will not be designated as FMLA-Qualifying, the school division must inform the
employee of that determination. The school division will also notify the employee that paid leave must be substituted for unpaid FMLA leave or that paid leave taken under an existing leave plan be counted as FMLA leave at the time of designating the FMLA leave.

5. If the school division will require the employee to present a fitness-for-duty certification to be restored to employment after taking leave for a continuous period of time, the school division will provide notice of the requirement with the Designation Notice. If the school division will require that the fitness-for-duty certification address the employee’s ability to perform the essential functions of the employee’s position, the school division must so indicate in the Designation Notice and must include a list of the essential functions of the employee’s position.

6. If the school division has reasonable safety concerns regarding the ability of an employee who is returning to work after intermittent or reduced leave schedule to perform his or her duties based on the serious health condition for which the employee took leave, it may require the employee to submit a fitness-for-duty certification unless one has been submitted within the past 30 days.

7. If the leave is not designated as FMLA leave because it does not meet the requirements of the FMLA, the notice to the employee that the leave is not designated as FMLA leave may be in the form of a simple written statement.

8. If the information provided by the school division to the employee in the Designation Notice changes, the school division will provide, within five business days of receipt of the employee’s first notice of need for leave subsequent to any change, written notice of the change.

9. The school division will notify the employee of the amount of leave counted against the employee’s FMLA leave entitlement. If the amount of leave needed is known at the time the employer designates the leave as FMLA-qualifying, the school division must notify the employee of the number of hours, days, or weeks that will be counted against the employee’s FMLA leave entitlement in the Designation Notice. If it is not possible to provide the hours, days, or weeks, that will be counted against the employee’s FMLA leave entitlement, then the school division must provide notice of the amount of leave counted against the employee’s FMLA leave entitlement upon request by the employee but no more often than once in a 30-day period and only if leave was taken in that period.

10. The school division’s decision to designate leave as FMLA-qualifying will be based only on information received from the employee or the employee’s spokesperson. If the school division does not have sufficient information about the reason for an employee’s use of leave, the school division will inquire further of the employee or the spokesperson to ascertain whether leave is potentially FMLA-qualifying. Once the school division has knowledge that the leave is being taken for a FMLA-qualifying reason, the school division will provide the employee the notice described in this subsection.

11. An employee giving notice of the need for FMLA leave must explain the reasons for the needed leave so as to allow the school division to determine whether the leave is FMLA-qualifying. If the employee fails to explain the reasons, leave may be denied.

E. Leave for the Birth, Adoption, or Foster Placement of a Child
1. The employee’s entitlement to leave for a birth, adoption, or foster placement of a child expires at the end of the 12-month period beginning on the date of the birth, adoption, or foster placement. Leave taken for the birth, adoption, or placement of a child may be taken intermittently or on a reduced leave schedule if the superintendent agrees to such an arrangement.

2. If the necessity for leave for the birth, adoption, or foster placement of a child is foreseeable based on an expected birth or placement, the employee shall provide the school division with not less than 30 days’ notice, before the date the leave is to begin, of the employee’s intention to take leave. If the date of the birth or placement requires leave to begin in less than 30 days, the employee shall provide such notice as practicable. The employee’s notice should be sufficient to make the school division aware that the employee needs FMLA-qualifying leave and of the anticipated timing and duration of the leave.

F. Leave Because of a Serious Health Condition of Employee
1. Employees are entitled, when medically necessary, to take such leave on an intermittent or reduced leave schedule except as provided below.
If the necessity for leave is foreseeable based on planned medical treatment, the employee shall

a. make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the school division; and

b. provide the school division with at least 30 days’ notice, before the date the leave is to begin, of the employee’s intention to take leave. if the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.

The employee’s notice should be sufficient to make the school division aware that the employee needs FMLA-qualifying leave and of the anticipated timing and duration of the leave.

2. The school board may require that a request for leave because of the employee’s own serious health condition be supported by a certification issued by a health care provider of the employee. The school division may use form WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition for this certification. The school division should request that the employee furnish certification when the employee gives notice of the need for leave or within five business days thereafter, or, in the case of unforeseen leave, within five business days after the leave begins. The school division may request certification at a later date if it later has reason to question the appropriateness of the leave or its duration. The employee must provide a complete and sufficient certification within 15 calendar days after the school division’s request. When the school division requests certification, it will advise the employee of the anticipated consequences of the employee’s failure to provide adequate certification.

Certification will be sufficient if it states

a. the name, address, telephone number, and fax number of the health care provider and the type of medical practice/specialization;

b. the approximate date on which the serious health condition commenced and its probable duration;

c. a statement or description of appropriate medical facts regarding the employee’s health condition for which FMLA leave is requested. The medical facts must be sufficient to support the need for leave; and

d. information sufficient to establish that the employee is unable to perform the essential functions of his or her position, the nature of any other work restrictions, and the likely duration of such inability.

3. If an employee requests leave on an intermittent or reduced leave schedule for planned medical treatment of his or her serious health condition, the certification shall include information sufficient to establish the medical necessity for such intermittent or reduced schedule leave and an estimate of the dates on which such treatment is expected to be given and the duration of such treatment and any period of recovery.

4. If an employee requests leave on an intermittent or reduced leave schedule because of his or her own serious health condition that may result in unforeseeable episodes of incapacity, the certification shall include information sufficient to establish the medical necessity for the intermittent leave or leave on a reduced leave schedule, and an estimate of the frequency and duration of the episodes of incapacity.

5. If the employee submits a complete and sufficient certification signed by the health care provider, the school division may not request additional information from the health care provider. However, the division may contact the health care provider for purposes of clarification and authentication of the medical certification. To make such contact, the school division must use a health care provider, a human resources professional, a leave administrator, or a management official. The employee’s direct supervisor may not contact the employee’s health care provider.

6. If the school division doubts the validity of a certification, it may require, at its own expense, that the employee obtain the opinion of a second health care provider designated or approved by the school division concerning any information certified. The health care provider designated or approved by the school division may not be employed by the school division on a regular basis.

7. If the second opinion differs from the original certification, the school division may require, at its own expense, that the employee obtain the opinion of a third health care provider designated or approved jointly by the school division and the employee concerning information certified. The opinion of the third health care provider will be binding on both the school division and the employee.

G. Leave Because of a Serious Health Condition of a Child, Spouse, or Parent of Employee
1. Family and medical leave shall be provided when the employee is needed to care for his/her spouse, child, or parent with a serious health condition, as defined above. Employees are entitled, when medically necessary, to take such leave on an intermittent or reduced leave schedule except as provided below.

2. If the necessity for leave is foreseeable based on planned medical treatment, the employee shall

a. make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the division; and

b. provide the school division with at least 30 days’ notice, before the date the leave is to begin, of the employee’s intention to take leave. If the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.

The employee’s notice should be sufficient to make the school division aware that the employee needs FMLA-qualifying leave and the anticipated timing and duration of the leave.

3. The school board may require that a request for leave to care for an employee’s spouse, parent, or child with a serious health condition be supported by a certification issued by a health care provider of the family member in need of care. The school division may use form WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition for this medical certification. The school division should ask the employee to furnish certification when the employee gives notice of the need for leave or within five business days thereafter, or, in the case of unforeseen leave, within five business days after the leave begins. The school division may request certification at some later date if it has reason to question the appropriateness of the leave or its duration. The employee must provide the requested certification within 15 calendar days after the school division’s request. When the school division requests certification, it will advise the employee of the anticipated consequences of the employee’s failure to provide adequate certification.

Certification will be sufficient if it states

a. the name, address, telephone number, and fax number of the health care provider and type of medical practice/specialization;

b. the approximate date on which the serious health condition commenced and it probably duration;

c. a statement or description of appropriate medical facts regarding the patient’s health condition for which FMLA leave is requested. The medical facts must be sufficient to support the need for leave; and

d. information sufficient to establish that the family member is in need of care and an estimate of the frequency and duration of the leave required to care for the family member.

4. If an employee requests leave on an intermittent or reduced leave schedule for planned medical treatment of a family member’s serious health condition, the certification shall include leave and an estimate of the dates and the duration of such treatments and any periods of recovery.

5. If an employee requests leave on an intermittent reduced leave schedule in order to care for a family member with a serious health condition, the certification shall include a statement that the employee’s intermittent leave or leave on a reduced leave schedule is medically necessary for the care of the son, daughter, parent, or spouse who has a serious health condition, or will assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule.

6. If the employee submits a complete and sufficient certification signed by the health care provider, the school division may not request additional information from the health care provider. However, the school division may contact the health care provider for purposes of clarification and authentication of the medical certification. to make such contact, the school division must use a health care provider, a human resources professional, a leave administrator, or a management official. The employee’s direct supervisor may not contact the employee’s health care provider.

7. If the school division doubts the validity of a certification, it may require, at its own expense, that the employee obtain the opinion of a second health care provider designated or approved by the school division concerning any information certified. The health care provider designated or approved by the school division may not be employed by the school division on a regular basis.

8. If the second opinion differs from the original certification, the school division may require, at its own expense, that the employee obtain the opinion of a third health care provider designated or approved jointly by the school division and the employee concerning information certified. The opinion of the third health care provider will be binding on both the school division and the employee.

H. Leave to Care for a Covered Servicemember
1. If the necessity for leave is foreseeable based on planned medical treatment for a serious injury or illness of a covered servicemember, the employee shall

a. Make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the school division; and

b. provide the school division with at least 30 days’ notice, before the date the leave is to begin, of the employee’s intention to take leave. If the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.

The employee’s notice should be sufficient to make the school division aware that the employee needs FMLA-qualifying leave and the anticipated timing and duration of the leave.

2. The school board may require that a request for leave to care for a covered servicemember with a serious injury or illness to be supported by a certification issued by a health care provider of the covered serviceperson. The certification may be completed by a United States Department of Defense (DOD) health care provider, a United States Department of Veterans Affairs (VA) health care provider, a DOD TRICARE network authorized private health care provider, or a DOD non-network TRICARE authorized health care provider. The employee shall provide, in a timely manner, a copy of such certification to the school division.

Certification will be sufficient if it states

a. the name, address, and appropriate contact information (telephone number, fax number, and/or email address) of the health care provider, the type of medical practice, the medical specialty, and whether the health care provider is one of the following: a United States Department of Defense (DOD) health care provider, a United States Department of Veterans Affairs (VA) health care provider, a DOD TRICARE network authorized private health care provider, or a DOD non-network TRICARE authorized health care provider;

b. whether the covered servicemember’s injury or illness was incurred in the line of duty on active duty;

c. the approximate date on which the serious health condition or serious injury or illness commenced and its probable duration;

d. a statement or description of appropriate medical facts regarding the covered servicemember’s health condition for which FMLA leave is requested. The medical facts must be sufficient to support the need for leave; and

e. information sufficient to establish that the covered servicemember is in need of care and whether the covered servicemember will need care for a single continuous period of time, including any time for treatment and recovery, and an estimate as to the beginning and ending dates for this period of time.

3. If an employee requests FMLA leave on an intermittent or reduced leave schedule for planned medical treatment appointments for the covered servicemember, the certification must state that there is a medical necessity for the covered servicemember to have such periodic care and must contain an estimate of the treatment schedule of such appointments.

4. If an employee requests FMLA leave on an intermittent or reduced schedule basis to care for a covered servicemember other than for planned medical treatment, the certification must contain a statement that there is a medical necessity for the covered servicemember to have such periodic care, and must contain an estimate of the frequency and duration of the periodic care.

5. In addition to the information listed above, the school division may also request that the certification set forth the information on form WH-385 Certification for Serious Injury or Illness of Covered Service Member for Military Family Leave.

6. In lieu of form WH-385, the school division will accept invitational travel orders (IT)s) or invitational travel authorization (TAs) issued to any family member to join an injured or ill servicemember at his or her bedside. And ITO or ITA is sufficient certification for the duration of time specified in the ITO or ITA. During that time period, the employee may take leave to care for the covered servicemember in a continuous block of time or on an intermittent basis.

7. The information on the certification must relate only to the serious injury or illness for which the current need for leave exists. The school division may seek authentication or clarification of the certification, ITO, or ITA buy may not seek second or third opinions. The school division may require an employee to provide confirmation of covered family relationship to the seriously injured or ill servicemember.

I. Leave Related to a Qualifying Exigency Arising from Active Duty or a Call to Active Duty
1. If the necessity for leave because of qualifying exigency arising from the fact that a family member is on active duty or has been notified of an impending call to active duty is foreseeable, the employee shall give such notice to the school division as is reasonable and practicable. The employee’s notice should be sufficient to make the school division aware that the employee needs FMLA-qualifying leave and the anticipated timing and duration of the leave.

2. The first time an employee requests leave because of a qualifying exigency arising out of the active duty or call to active duty status of a covered military member, the school division may require the employee to provide a copy of the covered military member’s active duty orders or other documentation issued by the military which indicates that the covered military member is on active duty or call to active duty status in support of a contingency operation and the date of the covered military member’s active duty service. A copy of new active duty orders or other documentation issued by the military shall be provided to the school division if the need for leave because of a qualifying exigency arises out of a different active duty or call to active duty status of the same or a different covered military member.

A request for leave because of a qualifying exigency must be supported by

a. a statement or description signed by the employee of appropriate facts regarding the qualifying exigency for which FMLA leave is requested. The facts must be sufficient to support the need for leave;

b. the approximate date on which the qualifying exigency commenced or will commence;

c. the beginning and ending dates of absence if the employee requests leave because of a qualifying exigency for a single, continuous period of time;

d. an estimate of the frequency and duration of the qualifying exigency if the employee requests leave because of a qualifying exigency on an intermittent or reduced schedule basis; and

e. if the qualifying exigency involves meeting with a third party, appropriate contact information for the individual or entity with whom the employee is meeting, and a brief description of the purpose of the meeting.

The school division may use form WH-384 Certificate of Qualifying Exigency for Military Family Leave for this certification.

J. Rules for Intermittent and Reduced Schedule Leave
1. When permitted by the FMLA, intermittent and reduced schedule leave may be used until the aggregate amount of such leave equals twelve (12) weeks or twenty-six (26) weeks if the leave is taken to care for a covered servicemember in the employee’s rolling year. However, when the employee requests intermittent or reduced schedule leave that is foreseeable based on planned medical treatment, the school division may temporarily transfer the employee to an available alternative position with equivalent pay and benefits that better accommodates the employee’s intermittent or reduced schedule leave.

2. When an eligible employee employed principally in an instructional capacity requests leave to care for a family member with a serious condition, leave because of the employee’s own serious health condition, or leave to care for a covered servicemember and the leave is foreseeable based on planned medical treatment and the employee would be on leave for greater than 20 percent of the total number of working days in the period during which the leave would extend, the school division may require the employee to select either

a. to take leave for periods of a particular duration, not to exceed the duration of the planned medical treatment; or

b. to transfer temporarily to an available alternative position offered by the school division for which the employee is qualified and that has equivalent pay and benefits and better accommodates recurring periods of leave than the employee’s regular employment.

3. The school division may require an employee to make such an election when the employee has

a. made a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the division, subject to the approval of the health care provider; and

b. has provided the school division with not less than 30 days’ notice before the date the leave is to begin, of the employee’s intention to take leave, except that if the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.

K. Rules for Husband and Wife Employed by the School Division
1. A husband and wife who are both eligible for family and medical leave and are employed by the Lynchburg City Schools shall be granted family and medical leave only for a combined total of twelve (12) weeks per year when the leave is taken for the birth, foster placement, or adoption of a child or to care for the child after birth, adoption, or foster placement or to care for a parent with a serious health condition.

2. A husband and wife who are both eligible for family and medical leave and are employed by the Lynchburg City Schools shall be granted family and medical leave only for a combined total of twenty-six (26) workweeks per year if the leave

a. is taken to care for a covered servicemember; or

b. is taken as a combination of leave to care for a covered servicemember and leave for the birth, foster placement, or adoption of a child or to care for the child after birth, adoption, or foster placement or to care for a parent with a serious health condition.

However, if the leave is taken by the husband and wife includes leave for the birth, foster placement, or adoption of a child or to care for the child after birth, adoption, or foster placement or to care for a parent with a serious health condition, the leave for that reason shall be limited to twelve (12) workweeks per year.

L. Benefits During Family and Medical Leave
1. Employees on family and medical leave shall receive the group health insurance plan coverage on the same conditions as coverage would have been provided if the employee had been working during the period of leave. Other benefits shall be provided according to school division policy for paid or unpaid leave, whoever applies.

2. If the employee fails to return to work when the period of leave to which he or she is entitled expires for any reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave, or other circumstances beyond the employee’s control, the school division may recover the premium it paid for maintaining the employee’s coverage during the period of unpaid leave in accordance with federal law.

M. Return to Work
1. An employee on family and medical leave shall provide the school division at least two work days’ notice of the intent to return to work. The employee shall be returned to the same or equivalent position at the end of the family and medical leave unless the school division shows that the employee would not otherwise have been employed at the time reinstatement is requested.

2. The following return to work provisions apply to instructional employees:

a. If an employee begins family and medical leave more than five (5) weeks before the end of an academic term, the employee may be required to continue taking leave until the end of the term if the leave is at least three (3) weeks in duration and the return to work would occur during the last three (3) weeks of the academic term.

b. If an instructional employee begins family and medical leave 1) because of the birth, adoption, or foster care placement of a son or daughter of the employee, 2) to care for a family member with a serious health condition, or 3) to care for a covered servicemember during the five (5)-week period before the end of an academic term, the employee may be required to continue taking leave until the end of the academic term if the leave is longer than two (2) weeks in duration and the return to work would occur during the last two (2) weeks of the academic term.

c. If an instructional employee begins family and medical leave 1) because of the birth, adoption, or foster care placement of a son or daughter of the employee, 2) to care for a family member during the three (3)-week period before the end of an academic term, the employee may be required to continue taking leave until the end of an academic term if the leave is longer than five (5) working days in duration.

3. If an instructional employee is required to continue leave until the end of an academic term, only the period of leave until the employee is ready and able to return to work shall be counted against the family and medical leave entitlement. However, the school division must continue the group health insurance coverage under the same conditions as if the employee were working.

N. Outside Employment
An employee who is on family and medical leave may not engage in employment for any other employer or self-employment while on leave. Falsification of records and failure to correct records known to be false are violations of this policy and will result in discipline which may include termination from employment.

Legal Reference:

29 U.S.C. § 207, 2611, 2612, 2613, 2614, 2618, 2619

29 CFR 825.110, 825.115, 825.124, 825.200, 825.203, 825,207, 825.300, 825.301, 825.302, 825.303, 825.305, 825.306, 825.307, 825.309, 825.310, 825.311, 825.312, 825.600, 825.602, 825.603, 825.800

Employee Rights and Responsibilities Under the Family and Medical Leave Act (WHD Publication 1420) http://www.dol.gov/esa/whd/regs/compliance/posters/fmlaen.pdf

Certification of Health Care Provider for Employee’s Serious Health Condition (WH-380-E) http://www.dol.gov/esa/whd/forms/WH-380.E.pdf

Certification of Health Care Provider for Family Member’s Serious Health Condition (WH-380-F) http://www.dol.gov/esa/whd/forms/WH-380-F.pdf

Notice of Eligibility and Rights & Responsibilities (WH-381) http://www.dol.gov/esa/whd/forms/WH-381.pdf

Designation Notice (WH-382) http://www.dol/gov/esa/whd/forms/WH-382.pdf

Certification of Qualifying Exigency for Military Family Leave (WH-384) http://www.dol.gov/esa/whd/forms/WH-384.pdf

Certification for Serious Injury or Illness of Covered Servicememember – for Military Family Leave (WH-385) http://www.dol.gov/esa/whd/forms/WH-385.pdf

Approved by School Board: February 1, 1994
Approved by Superintendent: February 1, 1994
Revised by School Board: September 20, 2005
Revised by School Board: May 18, 2010

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