FILE:  GBRIBA

Cf:  GBRHA, GBRIA, GBRIB

 

FAMILY AND MEDICAL LEAVE

 

 

The East Feliciana Parish School Board shall permit qualified employees to take family and medical leave (FMLA) as set forth herein.  Employees should first consider the various forms of leave described in the East Feliciana Parish School Board Policy Manual.  Should any part of the provisions for family and medical leave as provided herein conflict with any existing East Feliciana Parish School Board policy relating and/or relative to same, family and medical leave provisions shall govern only in so far as the conflict may exist.

 

A.

LEAVE WITHOUT PAY

 

An employee may submit a written request to the Superintendent for review and approval of the East Feliciana Parish School Board, and may be granted permission to take up to twelve (12) weeks of leave without pay during any 12-month period for the birth of a child and care for the newborn child or for the placement of a child for adoption or foster care (with state action).  FMLA leave may also be taken to care for an employee's family member (spouse, son, daughter and/or parent) who has a serious health condition.  FMLA leave is also available for an employee with a serious health condition which makes the employee unable to perform the functions of his/her job/position.  FMLA leave shall be granted without pay.  An eligible employee is one who has been employed by the East Feliciana Parish School Board for a total of at least 12 months and in addition has worked at least 1,250 hours during the 12-month period.  The 12-month FMLA leave period is measured forward from the date an employee's first FMLA leave begins.

 

B.

NOTICE

 

Employees must provide to the Personnel Supervisor at least thirty (30) days advance written notice of the need for FMLA leave for birth, adoption or planned medical treatment when the need for such leave is foreseeable.  Thirty (30) days advance written notice is not required for medical emergencies or other unforeseen events, however, written notice within two (2) working days of learning of the need for leave is expected.  FMLA leave may be denied until at least 30 days after the employee's written notice is received by the Personnel Supervisor, if there is no reasonable excuse for the delay of notice.

 

C.

SERIOUS HEALTH CONDITION NOTICE

 

1.

If  FMLA leave is due to a serious health condition, the employee shall submit the request and certification issued by a health care provider of the employee or of their family member as appropriate.  The certification must state the date on which the serious health condition began, its probable duration, and the appropriate medical facts within the knowledge of the health care provider regarding the condition.  If the certification is for leave to care for an employee's family member, a statement that the employee is needed to care for the family member is required with an estimate of the amount of time that such employee will be needed to care for the family member.  If the certification is for FMLA because of the employee's own serious health condition, the certification must state that the employee is unable to perform the functions of the employee's job/position.

 

2.

If the certification is for intermittent FMLA leave for planned medical treatment (for example: periodic chemotherapy treatments or physical therapy sessions), the certification must also state the dates on which such treatment is expected to be given and the duration of such treatment.  FMLA leave may not be taken intermittently or on a reduced leave schedule for the purposes of the birth of a child or placement of a child for adoption or foster care (with state action).  An intermittent leave or reduced leave schedule may only be utilized when such leave is requested by the employee due to a medical or serious health condition of the employee or of their family member.

 

3.

The Personnel Supervisor may, with prior written approval from the Superintendent on each individual basis, at the expense of the East Feliciana Parish School Board, require a second opinion from a different health care provider.  Any resolution for conflict between the first and second medical opinions will be handled in accordance with federal regulations.

 

D.

RESTORATION UPON RETURN

 

An employee granted FMLA leave shall, upon return from such leave, be restored to his/her previous job/position or to an equivalent job/position with equivalent employment benefits, pay and other terms in conditions of employment.  An employee taking FMLA leave due to their own serious health condition is required to obtain a medical release from the employee's health care provider stating that the employee is able to resume his/her job/position and present same to the Personnel Supervisor prior to reporting to work to resume his/her duties.

 

E.

HEALTH INSURANCE OR PLAN CONTINUED

 

During a period of unpaid FMLA leave, the East Feliciana Parish School Board will continue to contribute the employer's portion of the health insurance or health plan premiums.  In the event that the employee fails to return to work after FMLA leave, the East Feliciana Parish School Board may recover from the employee all health insurance premiums paid by it while the employee was on FMLA leave.  The employee shall be required to pay his/her share of any premium.  If an employee's premium is more than thirty (30) days late, the health insurance coverage shall terminate.

 

F.

STATUS DURING FMLA LEAVE

 

An employee on FMLA leave shall be required to notify the Personnel Supervisor every sixty (60) days of the employee's status and intent to return to work.  If an employee is unable or unwilling to return to work, that employee shall submit written notice of his/her intent not to return to work to the Personnel Supervisor.  Upon receipt of such written notice from the employee by the Personnel Supervisor, the obligations of the East Feliciana Parish School Board to maintain health benefits and to restore the employee to his/her job/position shall cease.

 

G.

LIMITATIONS

 

Instructional employees as defined by federal regulations to include teachers, athletic coaches, driving instructors and special education assistants, such as signers for the hearing impaired.  Use of intermittent or reduced leave schedule for FMLA leave is limited and the employee is subject to transfer to an alternative position.  Use of FMLA leave near the end of the semester may require an employee to continue in a leave status to the end of the semester.

 

H.

EFFECT ON RETIREMENT BENEFITS

 

Any leave without pay can adversely affect retirement benefits since no contributions are paid by the employee or employer.  Employees may purchase the time spent on leave without pay, but they should contact their respective retirement system for procedure and cost.

 

I.

POSTING OF FMLA PROVISIONS

 

Notice outlining some of the major provisions of the FMLA shall be posted at each work site and school together with a copy of these procedures.

 

Re-Adopted:  August 4, 1998

 

 

Ref:    29 USC 2601 et. seq. (The Family and Medical Leave Act of 1993)

29 CFR 825 (The Family and Medical Leave Act of 1993 - Regulations)

29 CFR 825.600-604 (What Special Rules Apply to Employees of Schools?)

Board minutes, 4-1-97, 8-4-98

 

East Feliciana Parish School Board