GDCC-E - Family and Medical Leave

File:  GDCC-E

 

Family and Medical Leave of Absence
 
  1. Purpose and Definition
    1. To outline the conditions under which an employee of the Franklin Public Schools may request time off without pay for medical reasons or to provide family care.
    2. A family and/or medical leave of absence is defined as an approved absence available to eligible employees for up to twelve weeks of unpaid leave in any 12-month calendar period (including Summer months) under certain circumstances that are critical to the employee’s health or the health of the employee’s family.
    3. Medical care leave is a leave taken when the employee is unable to perform the functions of his or her job because of a serious health condition.
    4. A family care leave is a leave for reason of:
(1)     the birth of a child of the employee;
(2)     the placement of a child with an employee in connection with the adoption or (state-approved) foster care of the child by the employee;
(3)     the serious health condition of a child, parent or spouse; or
(4)     any qualifying exigency, as that term is defined at 29 C.F.R. §825.126, arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation.
e.  Family military caregiver leave is leave taken by an eligible employee who is the spouse, son, daughter, parent or next of kin of a covered service member, who is recovering from a serious illness or injury sustained in the line of duty on active duty.  The eligible employee is entitled to take up to 26 weeks of leave during a single 12-month period to care for the service member. Leave to care for a service member shall only be available during a single 12-month period and, when combined with other FMLA-qualifying leave, may not exceed 26 weeks during the single 12-month period.  The single 12-month period begins on the first day an eligible employee takes leave to care for the injured service member.

f.      For purposes of this policy:

(1)     Child means a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under 18 years old or a dependent adult.
(2)     Parent means a biological, foster, or adoptive parent, a stepparent, or a legal guardian.  Parent does not include a parent-in-law or grandparent.
(3)     Covered service member 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 on the temporary retired list, for a serious injury or illness.
(4)     Next of kin means the nearest blood relative of the service member.
(5)     Serious health condition means an illness, injury, impairment, or physical or mental condition of a child, parent or spouse which warrants the participation of a family member to provide care during a period of the treatment, or supervision of the child, parent or spouse and also involves either:
(a)     inpatient facility, or
(b)     continuing treatment or continuing supervision by a health care provider.
    
2.      Substitution of Other Paid Leave and Eligibility

a.   An eligible employee granted FMLA for purposes of his or her own serious health condition may utilize accrued sick days under Article 16.1 of the Collective Bargaining Agreement for the period of disability as certified by the employee’s health care provider.

b.      The Franklin School Department may require that the employee substitute one of two personal leave days for any part of the 12 weeks of leave to which the employee may be entitled under this policy.
c.      To be eligible for leave, an employee must have been working for the Franklin School System for at least three months on a full time basis prior to the request for leave.  For part-time employees to be eligible, said employees must work at least 720 hours in the preceding 12 months.
3.      Employment Restoration
Any eligible employee who takes a leave for purpose intended by the law will be entitled, upon return from such leave, to be restored to the same position of employment as held when the leave began, or to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
 
An exception to the employment restoration provisions of this policy will be made if the employee on leave is a salaried employee and is among the highest ten percent of the School Department’s employees living within seventy-five miles, and restoring employment of the employee would result in substantial economic injury to the School Department.  In this situation, however, the employee will be notified of the School Department’s intent to deny restoration and will be given an opportunity to return to work.
 
A doctor’s release may be required if the employee is returning from a medical leave of three or more days.
 
4.      Basic Condition of Leave
a.      The Superintendent will require medical certification from the health care provider to support a request for leave for an employee’s own serious health condition, or to care for a seriously ill child, spouse or parent.
(1)     For the employee’s personal medical leave, the certification must state that the employee is unable to perform the functions of his or her position because of a serious health condition.
(2)     For leave to care for a seriously ill child, spouse, or parent, the certification must state that the employee is needed to provide care.
(3)     At its discretion, the Superintendent may require a second medical opinion, and periodic re-certification at its own expense.  If the first and second medical opinions differ, the School Department, at its own expense may require the opinion of a third health care provider, approved by both the School Department and the employee.  This third opinion is binding.
b.      If medically necessary for a serious health condition of the employee or his or her spouse, child or parent, leave may be taken on an intermittent or reduced leave schedule.  If leave is required on this basis, however, the Superintendent may require the employee to transfer temporarily to an alternative position that better accommodates recurring periods of absence or a part-time schedule, provided the position has equivalent pay and benefits.
c.      If both spouses are employed by the School Department, they are entitled together to a total of twelve weeks leave (rather than twelve weeks each) for the birth or placement of a child, or to care for a sick parent.  Leave for the birth or placement of a child must take place within 12 months after the event.  Leave may begin prior to birth or adoption, as circumstances dictate.
 
5.      Notification and Reporting Requirements
When the need for leave can be planned, such as the birth or placement of a child, or scheduled medical treatment, the employee must provide reasonable prior notice, and make efforts to schedule the leave to minimize disruption to the School Department’s operations.  In cases of illness, the employee will be required to report periodically on his or her leave status and intention to return to work.
 
6.      Status or Employee Benefits During Leave of Absence
a.      Any employee who is granted an approved leave of absence under this policy may continue his or her group insurance coverage by arranging to pay his or her portion of the premium contributions during the period of unpaid absence. Health coverage continuance beyond 12 weeks will be subject to applicable COBRA rights and regulations (full premium plus administrative fee).
b.      Employees will be required to continue to pay their share of group health benefits during a period of leave under the law.  Health coverage continuance beyond 12 weeks will be subject to applicable COBRA rights and regulations (full premium plus administrative fee).
c.      If an employee elects not to return to work upon completion of an approved unpaid leave of absence, the Town may recover from the employee the cost of any premiums paid to maintain the employee’s coverage, unless the failure to return to work was for reasons beyond the employee’s control.  Benefit entitlement based upon length of service will be calculated as the last paid work- day prior to the start of the unpaid leave of absence.
d.      An employee on leave will not lose any employment benefits accrued prior to the leave, unless a benefit is used by the employee during the leave.
e.      An employee on leave accrues no additional seniority or employment benefits during any period of unpaid leave.  
 
7.      Procedures
a.      Employees must follow specific procedures to request a family or medical leave.  These procedures are as follows:
(1)     Complete the Request for Family and Medical Leave of Absence Form.
(2)     The employee must complete this form, sign it, make a copy of it, and return it to the Building Principal.  If possible, the form should be submitted 14 days in advance of the effective date of the leave.
(3)     A Combined Leave Policy Form is to be completed by an employee who is requesting leave and whose spouse also works for the organization.
b.      All employees must complete an insurance Premium Recovery Authorization Form.  This form certifies that an employee acknowledges the Town’s legal right to recover the cost of any premium paid by the Town to maintain his or her coverage in group health benefits during any period of unpaid leave except under the following conditions:
(1)     The continuation, recurrent, or onset of a serious health condition that entitles the employee to leave to care for a child, parent, or a spouse with a serious health condition, or if the employee is unable to perform the functions of the position due to his or her own serious health condition; or,
(2)     Other conditions beyond the employee’s control that prevent him or her from returning to work.
c       Employees requesting family and medical leaves of absence due to illness must complete a Leave Certification Requirements Form.
d       The employee must submit a completed Request for Family and Medical Leave of Absence and a Combined Leave Policy Form, if applicable.
e       To request leave for the care of a child, parent or spouse with a serious health condition, the employee must provide certification from the health care provider who is treating the child, parent, or spouse, including the following information:
(1)     The date on which the condition commenced.
(2)     The probable duration of the condition.
(3)     The appropriate medical facts regarding the condition.
(4)     An estimate of the time needed to care for the individual involved (including any recurring medical treatment).
(5)     A statement that the condition warrants the health care provider’s involvement.
(6)     To request leave due to an employee’s serious health condition, the employee must provide certification from the healthcare provider who is treating his or her own serious health condition, regarding the following information.
(7)     The date on which the condition commenced.
(8)     The probable duration of the condition.
(9)     The appropriate medical facts regarding the condition.
(10)    A statement that the employee is unable to perform the functions of his or her position due to his or her condition.
f.      To request intermittent leave or Leave on a reduced leave schedule, the employee must provide the following additional information from the health care provider.
(1)     For leave for the employee, the employee must provide a statement of medical necessity for his or her intermittent leave or reduced leave schedule, and the expected duration of the schedule, as well as a listing of the dates of his or her planned medical treatment and the duration of the treatment(s).
(2)     For leave to care for a son, daughter, spouse, or parent, the employee must provide a statement attesting to the necessity of intermittent leave or reduced leave schedule, and the expected duration of the schedule, and an estimate of the expected duration and schedule of his or her intermittent or reduced leave.
(3)     The provisions of FMLA Section 825.601 relative to intermittent leave shall control.
 
8.      Leave Near End of Academic Term for Instructional Employees
Certain rules allow an employer to impose a longer leave on a teacher, if the original leave is taken near the end of the term.
a.      If an instructional employee begins leave more than five weeks before the end of a term, and if the leave will last at least three weeks and the employee would otherwise return to work during the three weeks before the end of the term, the employer may require the employee to continue taking leave until the end of the term.
b.      If an instructional employee takes leave for a reason other than the employee’s serious health care which commences during the five weeks before the end of the term, and if the leave will last more than two weeks and the employee would otherwise return to work during the last two weeks of the term, the employer may require the employee to continue taking leave until the end of the term.
c.      If the employee takes leave for a reason other than the employee’s own serious health condition which begins during the last three weeks of the term, and if the leave will last more than five working days, the employer may require the employee to take leave until the end of the term.
The “academic term” is defined as the school semester.
 
9.      Employee Recourse and Effect of Labor Agreements
a.      The FMLA provides additional relief to employees via complaints filed with the Secretary of Labor or a private lawsuit.
b.      The Collective Bargaining Agreement will prevail except in those instances where the FMLA provides greater benefits.





 

Reviewed, Revised, Accepted by School Committee:  10/27/15