Leave Information Center

Family & Medical Leave Act (FMLA) School Board Policy

Introduction | FMLA Coverage | Eligibility | Qualifying Reasons
Leave Period | Use of Paid Leave | Reinstatement | Medical Verification
Fraudulence | District's Designation & Approval

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Introduction

It is the policy of the Independent School District to provide a leave of absence in accordance with the Family and Medical Leave Act (FMLA) of 1993.

• This policy information is only a general summary of the steps to follow when considering a request or need for FMLA. Refer to FMLA Procedures and required forms for necessary details.

If the district is aware that the reason for an absence from work qualifies under FMLA, the absence will be designated as FMLA leave, even if the employee does not request it.

For information regarding FMLA processing, contact Employment and Benefits at or by calling 854-4074.

FMLA coverage and benefit coverage during FMLA

In accordance with the FMLA, eligible employees may receive up to a total of 12 weeks or 26 weeks of leave as applicable in a “rolling” 12 month period. That means the first time an employee takes FMLA leave, the employee’s leave year begins. Thereafter, each time the employee takes additional FMLA leave, the district will look backward 12 months and determine how much FMLA leave has been used during that time and how much FMLA leave remains.

The employee’s portion of medical, dental and vision benefits will be maintained during the leave so long as the employee intends to return and does actually return to work.

• Employees on an FMLA leave continue to be responsible for paying any premium co-pays and their dependents share of premiums for benefit plans.

Eligibility

To be eligible to take FMLA leave, an employee must meet these criteria:

• Both classified and certified employees must have been employed for at least 12 months; and
• Classified employees must have worked at least 1,250 hours. These hours must be actual work hours, not compensated hours. (Personal leave, sick leave, vacation leave, etc., do not count toward the 1,250 threshold.)
• Full-time certified staff of the district will meet the 1,250 hour test after one year of contract.

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Qualifying reasons

The following reasons qualify an employee for FMLA:

• Birth of a child and/or to care for a newborn child of the employee.
• Placement with the employee of a child through adoption.
• Care for the employee’s spouse, dependent child, or parent of the employee who has a serious health condition.
• A serious health condition that renders the employee unable to perform the function of his or her job.
• An eligible employee who is the spouse, son, daughter, or parent of a covered servicemember 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.
• An eligible employee who is the spouse, son, daughter, parent or next of kin of a covered covered servicemember who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on temporary disability retired list, for a serious injury or illness sustained in the line of duty while on active duty.

Leave period

• An eligible employee may take up to 12 work weeks of Family and Medical Leave during a “rolling” 12-month period defined as a rolling calendar year.
• If requesting a leave to care for an eligible injured covered servicemember of the armed forces an eligible employee may take up to 26 combined work weeks of Family and Medical Leave during a “rolling” 12-month period.
• Both District Employees: The aggregate number of work weeks of leave to which both a husband and wife may be entitled is limited to 12 work weeks or 26 work weeks as applicable during a single 12-month period.

Intermittent or reduced work schedule FMLA leave must be for an illness of the employee or a family member.

• Such leaves are subject to the qualifications and limitations set forth in the FMLA federal regulations.

Use of paid leave during an FMLA leave

FMLA leave is unpaid leave. However, all district employees must take or use all paid leave i.e., sick leave, personal leave, vacation leave and sick bank grants starting the first day of FMLA leave.

• This also applies to an FMLA leave that is taken either intermittently or through a reduced work schedule.

When paid leave is exhausted, providing the employee is FMLA eligible, he/she may continue FMLA leave in a non-paid status or return to work. Note: In regard to leave following child birth, paid sick leave may be used for up to six weeks following a normal delivery and up to eight weeks following a c-section. When a serious health condition continues, use of sick leave may be extended with medical certification.

The Non-Paid Leave of Absence must be requested using the Non-Paid Leave of Absence Request Form.

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Reinstatement

At least two days before FMLA leave is scheduled to end, the employee must provide the district with the “Return to Work Certification”. The district only needs this form if the leave was for the serious health condition of the employee.

• At the conclusion of the leave, the employee will be returned to the same position held at the time the leave began or to an equivalent position with equivalent pay, benefits and working conditions.

Medical verification requirement

In cases where an FMLA leave is to care for a serious health condition of himself or herself, or a spouse, dependent child, or parent of the employee, the employee must provide medical verification on the applicable Medical Leave Certification Form attached to the Leave Request Packet.

• The district may require a second opinion from a health care provider
• If there is a difference between the medical verification and the second opinion, the district may require a third opinion.
• All medical certifications and related information that describe the health or medical history or condition of the employee or family members will be handled as confidential medical information.
• Employees may be asked to recertify the need for the FMLA every 30 days, or if there is a change in the employee’s condition.

Fraudulence

An employee who fraudulently obtains an FMLA leave is subject to disciplinary action, up to and including termination.

District’s designation and approval of FMLA

It is the district’s responsibility to designate any absence that meets the eligibility requirements as FMLA. The designation of FMLA will occur either as a result of an employee request for FMLA leave or when the district becomes aware that the employee’s extended absence of is due to an illness or injury of the employee or an employee’s family member.

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For more information email or call Employment and Benefits 854-4074.

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Employee Benefits
8169 W. Victory Rd. Boise, Idaho 83709 Office hours: 8:00 - 4:30 Phone ~ (208) 854-4074 Fax ~ (208) 854-4010
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