404.06 Extended Disability Leaves of Absence/Family and Medical Leave

Code No. 404.6

EXTENDED DISABILITY LEAVES OF ABSENCE/
FAMILY AND MEDICAL LEAVE

An employee who is unable to work because of personal illness or injury, and who has exhausted all paid leave available, may be granted an unpaid leave of absence and may continue all available fringe benefits in effect for the duration of said leave at his/her own expense, except that the District shall provide benefits in accordance with the Family and Medical Leave Act.  The District may terminate the employee's employment and hire a permanent replacement after 12 weeks of leave.  Each case will be considered separately giving consideration to the needs of the District and the likely recovery period of the employee.

Family and Medical Leave Act.  Federal law requires the District to grant up to 12 weeks of leave per year to employees who have been employed for at least 12 months and who have worked at least 1,250 hours during the preceding 12 months (“eligible employees”) for one or more of the following reasons:  (1) to take medical leave when the employee is unable to work because of the employee’s serious health condition; (2) for the birth and care of the employee’s newborn child; (3) to care for a child placed with the employee for adoption or foster care; (4) to care for the employee’s parent, spouse or child with a serious health condition; (5) for qualifying exigencies arising out of the fact that the employee’s spouse, child or parent is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation.  Federal law also requires the District to grant up to 26 weeks of leave in a single 12 month period to an eligible employee to care for a covered servicemember when the employee is the spouse, child, parent, or next of kin to the covered servicemember who has a serious injury or illness incurred in the line of duty on active duty (“military caregiver leave”). 

The District requires the eligible employee to first utilize any earned paid leave that is authorized and available for use for the purpose requested.  Any leave in excess of authorized and available paid leave shall be unpaid leave.  At the employee’s option, the District shall continue to make District contributions towards health insurance on behalf of the employee while on Family and Medical Leave.  If the employee has more than 12 (or 26 weeks, if applicable) of paid leave available, the District shall continue to make the contributions until the paid leave is exhausted or no longer available.  The employee shall remit the employee’s share of contributions towards health insurance and towards life insurance and disability insurance by the date the District makes payment to the insurance carriers or within 30 calendar days thereafter.  Failure to make the employee contributions when due may result in the employee losing coverage during the period of leave.  If the District makes the contributions on behalf of the employee, the employee authorizes the District to offset such sums advanced against any sums owed the employee.

If the employee does not return to work at the end of the leave (except for reasons specified in the Family and Medical Leave Act), the employee will be required to reimburse the District for all contributions made by the District while the employee was on unpaid leave.

Employees may request leave under the Family and Medical Leave Act for up to 12 weeks per year.  “Year” shall be defined as a “rolling” 12-month period measured backward from the date an employee uses FMLA leave.  Leave to care for a newly-born, adopted, or foster child must conclude within 12 months of the birth or placement of the child.  Spouses employed by the District may take a combined 12-week allotment for the birth or placement of a child.  Military caregiver leave is granted for up to 26 weeks in a single 12-month period beginning on the first day the employee takes leave for that purpose.  Any other family and medical leave taken during the 12-month period is combined for purposes of counting the 26 weeks. 

The District requires the employee to provide written certification from a health care provider when an employee requests family and medical leave for the employee’s own serious health condition or to care for the employee’s parent, spouse or child with a serious health condition, or to care for a covered service member with a serious injury or illness.

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DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS