Code No. 413

Family Medical Leave

Purpose:  The purpose of this Board Policy is to outline the conditions under which an employee may obtain time off without pay for medical or family reasons under the Family and Medical Leave Act (FMLA) of 1993.

Scope:  This policy applies to all eligible part and full time employees.  Eligibility is defined below.

Responsibility:  It is the responsibility of each individual employee to follow the spe­cific procedures outlined in this policy

Interpretation:  This policy shall be interpreted in accordance with, and subject to the terms and limitations of, the Family and Medical Leave Act.  This policy is not intended to confer any additional rights beyond those provided for by the Family and Medical Leave Act.

Policy:  In accordance with the Family and Medical Leave Act, the Davis County Community School District will grant unpaid family and medical leave to eligible male or female employees for up to 12 weeks per 12 month period for any one or more of the following reasons:

A.       The birth of a child and in order to care for such child, or the placement of a child with the employee for adoption or foster care (leave for this reason must be taken within the 12 month period following the child's birth or placement with the employee); or

B.       In order to care for an immediate family member (spouse, child, or parent) of the employee if such immediate family member has a serious health condition; or

C.      The employee's own serious health condition that makes the employee unable to per­form the functions of his/her position.

DEFINITIONS

A.       "12-Month Period" - means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken.

B.       "Spouse" - means the lawful spouse of the employee under the laws of the State of Iowa and does not include unmarried domestic partners.  If both spouses work for the school district, their total leave in any 12 month period may be limit­ed to an aggregate of 12 weeks if the leave is taken for either the birth or place­ment for adoption or foster care of a child or to care for a sick parent.

C.      "Child" - means a child under 18 years of age, or a child 18 years of age or older who is incapable of self-care because of a mental or physical dis­ability.  An employee's "child" includes a biological, adopted, foster or stepchild, a legal ward, or one for whom the employee has actual day-to-day responsibility for care and financial support.

D.      "Serious Health Condition" - means an illness, injury, impairment, or a physical or mental condition that involves:

 SEQ CHAPTER \h \r 1

1.         Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with such inpatient care.

2.         A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:

(a)        Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or

(b)        Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

            3.         Any period of incapacity due to pregnancy, or for prenatal care.

4.         Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:

                        (a)        Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;

                        (b)        Continues over an extended period of time (including recurring episodes of a single underlying condition); and

                        (c)        May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

5.         A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health provider.  Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.

6.         Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for family and medical leave. 

Substance abuse may be a serious health condition if the conditions of this term are otherwise met.  However, family and medical leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care services on referral by a health care provider.  On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for family and medical leave.

COVERAGE AND ELIGIBILITY

A.       An eligible employee for family/medical leave means a employee who on the date medi­cal leave starts:

1.       Has worked for Davis County School District for at least 12 months; and

2.       Has worked at least 1250 hours over the previous 12-month period.

INTERMITTENT OR REDUCED LEAVE

A.       FMLA leave may be taken intermittently (a few days or a few hours at a time) or on a reduced leave schedule to care for an immediate family member with a seri­ous health condition or because of a serious health condition of the employee when "medically necessary."

1.       "Medically necessary" means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule.

2.       The employee may be required to transfer temporarily to a position with equiva­lent pay and benefits that better accommodates the intermittent or reduced schedule leave when the leave is foreseeable based on planned medical treatment for the employee or a family member, including during a period of recovery from a serious health condition.

B.       An employee may take leave intermittently or on a reduced leave schedule for birth or placement for adoption or foster care of a child only with the consent of the superintendent.

C.      For part time employees and those who work variable hours, the family and medical leave entitlement is calculated on a pro rata basis.  Where the employee works variable hours, a weekly average of the hours worked over the 12 weeks prior to the beginning of the leave should be used for cal­culating the employee's normal work week.

SUBSTITUTION OF PAID LEAVE

A.       Vacation leave and personal leave may be used during all types of FMLA leave.

B.       Sick leave may be used only when FMLA leave is for the employee’s own serious

          health condition; or to care for a family member with a serious health condition for

          which the current sick leave policy concerning family members would apply.

NOTICE REQUIREMENT

A.       An employee is required to give 30 days notice in the event of a foreseeable leave.  In unexpected or unforeseen situations, an employee should provide as much notice as is practicable, usually verbal notice within one or two business days of when the need for leave becomes known. 

B.       Unless it is determined at the time of notice that the situation does not qualify for FMLA leave, following notice the employee will usually receive FMLA paperwork preliminarily designating the time off as FMLA leave and detailing certain responsibilities of the employee.

MEDICAL CERTIFICATION

A.       For leaves taken because of the employee's or an immediate family member's serious health condition, the employee must submit a completed "Certification of Health Care Provider" form (available from Human Resources) and return the certification to the Business Manager.  The employee must provide the completed medical certification form within 15 days after requested.  If the medical certification does not substantiate the time off as FMLA leave, or if the employee fails to return the completed medical certification within the required time, the time off work is subject to the regular policies and practices for time off work and, depending on the circumstances, may result in unexcused absences and disciplinary action.

B.       The Superintendent may require a second or third opinion (at the School’s expense), pe­riodic reports on the employee's status and intent to return to work, medical recertification, and a fit­ness-for-duty report to return to work.

C.      Second and third opinions:

1.       Limitations:  The health care provider designated or approved by the School for the second opinion shall not be employed on a regular basis by the School.

2.       Conflicting opinions:  In any case where the second opinion is different from the opinion in the original certification provided by the employee, the Superintendent may require (at the School’s expense) that the employee obtain the opin­ion of a third health care provider designated or approved jointly by the School and the employee concerning the information obtained in the previous certifica­tions.

3.       Finality:  The opinion of the third health care provider shall be considered to be final and binding on the employee and the School.

D.      Recertification:  The School may require that the eligible employee obtain subsequent recertifications on a reasonable basis and to report periodically on his/her inten­tion to return to work.

E.       To obtain intermittent leave or leave on a reduced leave schedule, the employee must provide the following additional information from the health care provider (contained in the Certification of Health Care Provider form):

1.       For leave for the employee, the employee must provide (1) a statement of medi­cal necessity for his/her intermittent leave or reduced leave schedule, and the expected duration of the schedule, and (2) a listing of the dates of his/her planned medical treatment and the duration of the treatment(s).

2.       For leave to care for a family member, the employee must provide (1) a state­ment attesting to the necessity of intermittent leave or reduced leave for the employee to provide care or to assist in the person's recovery, and (2) an es­timate of the expected duration and schedule of his/her intermittent reduced leave.

F.       A doctor's medical verification and release for work is required for all employees returning from medical leave of one working week or longer.

G.      All documentation related to the employee's or family member's medical condition will be maintained in a separate employee's medical records file and will be considered confidential to the extent required by law. 

EFFECT ON BENEFITS

A.       An employee granted a leave under this policy will continue to be covered under ap­plicable School group health insurance plan, life insurance plan and long-term dis­ability plan under the same conditions as coverage would have been provided if they had been continuously employed during the leave period.

B.       Employee contributions will be required either through payroll deduction or by di­rect payment to the School Business Manager.  The employee will be advised in writing at the beginning of the leave period as to the amount and method of payment. Employee con­tribution amounts are subject to any change in rates that occurs while the employee is on leave.

C.      If an employee's contribution is more than 30 days late, the School Business Manager may terminate the employee's applicable insurance coverage after 15 days written notice to the employee that payment has not been received.

D.      If the School pays the employee contributions missed by the employee while on leave, the employee will be required to reimburse the employer for the employee’s delinquent payments (on a payroll deduction schedule) upon return from leave.  The employee as a precondi­tion of leave will be required to sign a written statement at the beginning of the leave period authorizing the payroll deduction for delinquent payments.  If the employee does not return to work following the FMLA leave, or does not return to work for a sufficient period of time to reimburse the employer for the employee’s delinquent payments, the employee must reimburse the employer by certified check.

E.       If the employee fails to return from unpaid family/medical leave for reasons other than (1) the continuation of a serious health condition of the employee or a cov­ered family member or (2) circumstances beyond the employee's control (certifica­tion required within 30 days of failure to return for either reason), the Davis County School District, may seek reimbursement from the employee for the portion of the premiums paid by the School on behalf of that employee (also known as the employer contribution) during the period of leave.

F.       An employee is not entitled to seniority or benefit accrual during periods of un­paid leave but will not lose seniority or benefits (other than leave used) accrued prior to leave.

OUTSIDE EMPLOYMENT

An employee is prohibited from taking outside employment while on family and medical leave under this policy.  Affected employees may request in writing an exemption from this provision by the Superintendent.  Violation of this prohibition may result in a deni­al of the right to return to work.

RETURN TO WORK

A.       Subject to limitations provided by the FMLA, if the employee returns to work within 12 weeks following a family/medical leave, he/she will be reinstated to a position within his/her former classification or an equivalent position with equivalent pay, benefits, status and authority.              

B.       The employee's right to return to work is the same as they would have been had the employee not been on leave.  For example, if the employee's position is eliminated or the employee would have been terminated during the leave, the employee would not have the right to be reinstated upon return from leave.  Further, certain key employees are not guaranteed job reinstatement in some circumstances.

C.      If the employee fails to return to work or contact the Business Manager regarding his or her employment status at the end of a family/medical leave, the employee will be considered to have voluntarily quit the employment as of the conclusion of the FMLA leave.  At the option of the School, the employee may be reinstated to the same or similar position, only if available, in accordance with applicable laws.  If at the conclusion of FMLA leave the employee is unable to perform one or more essential functions of the position because of a health condition, the employee is not guaranteed reinstatement except as may be required by applicable law.

D.      Every thirty days during leave, the employee shall be required to submit in writing to the Business Manager the employee's affirmation of the employee's intent to return to work at the end of the allowable leave.   SEQ CHAPTER \h \r 1Where a change in circumstances modifies the anticipated duration of FMLA leave, the employee must provide reasonable notice, within 2 business days, of the changed circumstances where foreseeable.

FAMILY/MEDICAL LEAVE FORMS

These forms are available from the Business Manager:

1. Form Requesting FMLA Leave
2. Employer Response to Request for FML
3. Certification of Health Care Provider
4. Employee Affirmation of Intent to Return to Work
5. Fitness for Duty to Return From Leave
6. Statement Authorizing Payroll Deduction

Legal Reference:        Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394

                                    (1942).            

                                    26 U.S.C. §§ 2601 et seq. (Supp. 1994)       

                                    29 C.F.R. Pt. 825 (2002).      

                                    Iowa Code §§ 20;  85.33,  .34,  .38(3);  216;  279.40 (2005).            

                                    1980 Op. Att'y Gen. 605.       

                                    1972 Op. Att'y Gen. 177, 353.           

                                    1952 Op. Att'y Gen. 91.         

Cross Reference:        400 Series  Employee Personal Illness Leave         

Approved:    November 21, 2005

Reviewed:    April 18, 2006          

Revised: