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 of leave 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.
Leave period
An eligible employee may take up to 12 workweeks of
Family and Medical Leave during a “rolling” 12-month
period defined as a rolling calendar year.
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.
- 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.
- 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.
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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Leave Home | FMLA
Procedures | FMLA FAQ
Certified - Other Leaves | Classified
- Other Leaves | Forms | A
Guide for New Parents
Employee Benefits
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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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