Code No. 404.6R1
FAMILY AND MEDICAL LEAVE REGULATIONS
A. District Notice.
1. The District will post a notice regarding family and medical leave.
2. Information on the Family and Medical Leave Act and on the Board policy on family and medical leave, including leave provisions and employee obligations, will be provided annually.
3. When an employee requests family and medical leave, the District will provide the employee with information listing the employee's obligations and requirements. Such information will include:
a. a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement (or 26-week entitlements, if applicable);
b. a reminder that an employee requesting family and medical leave for his/her serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and notice of the consequences for failing to do so;
c. a reminder that an employee requesting military family and medical leave must furnish proof of call to active duty or active duty status certificate to support the need for a leave for a qualifying exigency or for military caregiver leave;
d. an explanation of the employee's right to substitute paid leave for family and medical leave, including a description of when the District requires substitution of paid leave and the conditions related to the substitution; and
e. a statement notifying the employee that the employee must pay, and must make arrangements for paying, any premium or other payment to maintain health or other benefits.
B. Eligible Employees.
Employees of the District are eligible for family and medical leave if two criteria are met.
If the employee requesting leave is unable to meet the three criteria, then the employee is not eligible for family and medical leave.
1. The employee has worked for the District for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and
2. The employee has worked at least 1,250 hours within the previous year. Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.
- Employee Requesting Leave -- Two Types of Leave.
1. Foreseeable family and medical leave.
a. Definition - leave is foreseeable for the expected birth, placement for adoption or foster care for planned medical treatment.
b. The employee must give at least thirty (30) days notice for foreseeable leave. If thirty (30) days is not practicable, notice must be given as soon as practicable. Failure to give the notice may result in the denial or delay of the leave. For those taking military exigency family and medical leave, notice must be given as soon as practicable.
c. Employees must consult with the District prior to scheduling planned medical treatment leave to minimize disruption to the District. The scheduling is subject to the approval of the health care provider.
2. Unforeseeable family and medical leave.
a. Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.
b. The employee must give notice as soon as practicable, generally, no later than one to two business days after learning that leave will be necessary.
c. A spouse or family member may give the notice if the employee is unable to personally give notice.
D. Eligible Family and Medical Leave Determination. The District may require the employee to provide reasonable documentation or a statement of family or next of kin relationship.
1. Six purposes.
a. The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;
b. The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;
c. To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition;
d. Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position;
e. A qualifying exigency arising out of the fact that the employee’s spouse, son or daughter, or parent is on active duty or call to active duty in support of a contingency operation as a member of the National Guard or Reserves; or
f. To care for the employee’s spouse, son or daughter, parent or next of kin who is a covered service member with a serious injury or illness incurred in the line of duty on active duty with the Regular Armed Forces, National Guard or Reserves.
2. Medical certification.
a. When required:
(1) Employees shall be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job.
(2) Employees shall be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.
(3) Employees shall be required to present medical certification of the covered service member’s serious injury or illness incurred in the line of duty on active duty for the employee to take leave to care for a covered service member.
b. Employee's medical certification responsibilities:
(1) The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition or serious illness or injury incurred in the line of duty.
(2) Except in cases of military caregiver leave, the District may require the employee to obtain a second certification by a health care provider chosen by and paid for by the District if the District has reason to doubt the validity of the certification an employee submits. The second health care provider cannot, however, be employed by the District on a regular basis.
(3) If the second health care provider disagrees with the first health care provider, then the District may require a third health care provider to certify the serious health condition. This health care provider must be mutually agreed upon by the employee and the District and paid for by the District. This certification or lack of certification is binding upon both the employee and the District.
c. Medical certification will be required fifteen (15) calendar days after family and medical leave begins unless it is impracticable to do so. Except in cases of military caregiver leave, the District may request recertification every thirty (30) calendar days. Recertification must be submitted within fifteen (15) calendar days of the District's request.
d. The employee must provide certification of fitness to return to duties from the health care provider who was treating the employee with a serious health condition prior to the employee returning to work.
Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition or of a covered service member with a serious illness or injury incurred in the line of duty which is not supported by medical certification shall be denied until such certification is provided.
E. Entitlement.
1. Employees are entitled to twelve weeks family and medical leave per 12-month period.
2. Employees are entitled to 26 weeks of military caregiver leave to care for a covered service member in a single 12-month period; however, all family and medical leave for all purposes shall not exceed 26 weeks in the 12 month period. The 12-month period is a "rolling" period measured backwards from the date an employee uses FMLA leave. Military caregiver leave is measured forward from the first date the employee takes leave for that purpose.
3. If insufficient leave is available, the District may:
a. Deny the leave if entitlement is exhausted; or
b. Award additional leave.
F. Type of Leave Requested.
1. Continuous - employee will not report to work for set number of days or weeks.
2. Intermittent - employee requests family and medical leave for separate periods of time.
a. Intermittent leave is available for:
(1) Birth, adoption or foster care placement of child only with the District's agreement.
(2) Serious health condition of the employee, spouse, parent, or son or daughter when medically necessary without the District's agreement.
(3) A qualifying exigency arising out of the fact that the employee’s spouse, son or daughter, or parent is on active duty or call to active duty in support of a contingency operation as a member of the National Guard or Reserves.
(4) To care for the employee’s spouse, son or daughter, parent or next of kin who is a covered service member with a serious injury or illness incurred in the line of duty on active duty with the Regular Armed Forces, National Guard or Reserves.
b. The employee shall advise the District of the reason why the intermittent leave is necessary and of the schedule of treatment, if applicable. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the District's operation, subject to the approval of the health care provider.
c. During the period of foreseeable intermittent leave, the District may move the employee to an alternative position with equivalent pay and benefits. [For instructional employees, see G below.]
3. Reduced work schedule - employee requests a reduction in the employee's regular work schedule.
- Reduced work schedule family and medical leave is available for:
(1) Birth, adoption or foster care placement of child only with the District's agreement.
(2) Serious health condition of the employee, spouse, parent, or child when medically necessary without the District's agreement.
(3) A qualifying exigency arising out of the fact that the employee’s spouse, son or daughter, or parent is on active duty or call to active duty in support of a contingency operation as a member of the National Guard or Reserves.
(4) To care for the employee’s spouse, son or daughter, parent or next of kin who is a covered service member with a serious injury or illness incurred in the line of duty on active duty with the Regular Armed Forces, National Guard or Reserves.
b. The employee shall advise the District of reasons why a reduced working schedule is necessary and of the schedule for treatment, if necessary. In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the District's operation, subject to the approval of the health care provider.
c. During the period of foreseeable reduced work schedule leave, the District may move the employee to an alternative position with equivalent pay and benefits. [For instructional employees, see G below.]
G. Special Rules for Instructional Employees.
1. Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or in an individual setting. This includes, but is not limited to, teachers and coaches.
2. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent of the work days in the leave period may be required to:
a. Take leave for the entire period or periods of the planned medical treatment; or
b. Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.
3. Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester. The number of weeks remaining before the end of a semester do not include scheduled school breaks, such as summer, winter or spring break.
a. If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the District may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.
b. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the District may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.
c. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the District may require the employee to continue taking leave until the end of the semester.
4. The entire period of leave taken under the special rules is credited as family and medical leave. The District will continue to fulfill the District's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.
H. Employee Responsibilities While on Family and Medical Leave.
1. The employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless the employee elects not to continue the benefits.
2. The employee contribution payments will be deducted from any money owed to the employee, or the employee shall reimburse the District at a time set by the superintendent.
3. An employee who fails to make the health care contribution payments within thirty (30) calendar days after they are due will be notified that his/her coverage may be canceled if payment is not received within an additional fifteen (15) calendar days.
4. An employee may be required to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member (other than for military caregiver leave) once every thirty (30) calendar days and to return the certification within fifteen (15) calendar days of the request.
5. The employee must notify the District of the employee's intent to return to work at least once each month during leave and at least two weeks prior to the conclusion of the family and medical leave.
6. If an employee intends not to return to work, the employee must immediately notify the District, in writing, of the employee's intent not to return. The District will cease benefits upon receipt of this notification.
I. Use of Paid Leave for Family and Medical Leave.
An employee must substitute unpaid family and medical leave with any paid leave available to the employee that is applicable to the reason for family and medical leave under board policy or a collective bargaining agreement. Paid leave includes applicable sick leave, family illness leave, paid vacation, and/or personal/business leave. When the District determines that paid leave is being taken for a FMLA reason, the District will notify the employee within two (2) business days that the paid leave will be counted as FMLA leave.
J. Definitions. The following definitions shall apply to the District's policy and regulations on family and medical leave:
1. Active duty – duty under a call or order to active duty under a provision of law referred in §101(a)(13) of Title 10, U.S. Code.
2. Common law marriage - according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife. There is no time factor that needs to be met in order for there to be a common law marriage.
3. Contingency operation – has the meaning given in §101(a)(13) of Title 10, U.S. Code.
4. Continuing treatment - a serious health condition involving continuing treatment by a health care provider includes one or more of the following:
a. A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three (3) consecutive, full calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
-- treatment two or more times within thirty (30) days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider or by a nurse under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or
-- treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a health care provider.
Treatment by a health care provider means an in-person visit to a health care provider. The first (or only) in-person treatment visit must take place within seven (7) days of the first day of incapacity.
b. Any period of incapacity due to pregnancy or for prenatal care.
c. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
-- requires periodic visits (at least twice per year) for treatment by a health care provider or by a nurse under direct supervision of a health care provider;
-- continues over an extended period of time (including recurring episodes of a single underlying condition); and
-- may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
d. Any 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 care provider. Examples include Alzheimer’s, a severe stroke or the terminal stages of a disease.
e. 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 (3) consecutive, full calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
5. Covered servicemember – a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious illness or injury.
6. Eligible employee - an employee of the District who has worked for the District for at least twelve months and has worked at least 1250 hours during the twelve-month period immediately preceding the commencement of the leave.
7. Essential functions of the job - those functions which are fundamental to the performance of the job. It does not include marginal functions.
8. Employment benefits - all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."
9. Family member - individuals who meet the definition of son, daughter, spouse or parent.
10. Group health plan - any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.
11. Health care provider -
a. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
b. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in Iowa and performing within the scope of their practice as defined under Iowa law; or
c. Nurse practitioners and nurse-midwives, clinical social workers and physician assistants who are authorized to practice under state law and who are performing within the scope of their practice as defined under Iowa law; or
d. Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts; or
e. Any health care provider from whom the District or a group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits; or
f. A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country and who is performing within the scope of his or her practice as defined under such law.
12. In loco parentis - individuals who had or have day-to-day responsibilities for the care and financial support of a child or foster child or who had the responsibility for an employee when the employee was a child.
13. Incapable of self-care - the individual requires active assistance or supervision to provide daily self-care in three or more of the "activities of daily living" ("ADLs") or “instrumental activities of daily living (“IADLs”). Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.
14. Instructional employee - an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.
15. Intermittent leave - leave taken in separate periods of time due to a single qualifying reason, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.
16. Medically necessary - certification for medical necessity is the same as certification for serious health condition.
17. "Needed to care for" - the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care. For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment. It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.
18. Next of kin – an individual’s nearest blood relative other than the covered service member’s spouse, parent, son or daughter.
19. Outpatient status – the status of a member of the Armed Forces assigned to
a. either a military medical treatment facility as an outpatient; or
b. a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.
20. Parent - a biological, adoptive, step or foster father or mother or any other individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child. Parent does not include parent-in-law.
21. Physical or mental disability - a physical or mental impairment that substantially limits one or more of the major life activities of an individual.
22. Qualifying Exigency” – includes the following categories:
a. short-notice deployment;
b. military events and related activities;
c. childcare and school activities;
d. financial and legal arrangements;
e. counseling;
f. rest and recuperation;
g. post-deployment activities;
h. additional activities not encompassed in the other categories, but agreed to by the
employer and employee.
23. Reduced leave schedule - a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.
24. Serious health condition - an illness, injury, impairment, or physical or mental condition that involves:
a. Inpatient care (an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (an inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery therefrom), or any subsequent treatment in connection with such inpatient care; or
b. Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes:
-- A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery therefrom) of more than three (3) consecutive full calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
* Treatment two or more times within thirty (30) days of the first day of incapacity unless extenuating circumstances exist by a health care provider or by a nurse 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
* 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; or
* Treatment by a health care provider means an in-person visit. The first (or only) in-person treatment visit must take place within seven days of the first day of incapacity.
c. Any period of incapacity due to pregnancy or for prenatal care.
d. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
-- Requires periodic visits (at least twice a year) for treatment by a health care provider or by a nurse under direct supervision of a health care provider;
-- Continues over an extended period of time (including recurring episodes of a single underlying condition); and
-- May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
e. 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 care provider. Examples include Alzheimer’s, a severe stroke or the terminal stages of a disease.
f. 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 (3) consecutive full calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
-- Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition. Treatment does not include routine physical examinations, eye examinations or dental examinations. Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen). A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regime of continuing treatment for purposes of FMLA leave.
-- Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not “serious health conditions” unless inpatient hospital care is required or unless complications develop. Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, 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 FMLA leave. Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met. Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
-- Substance abuse may be a serious health condition if the conditions of this section are met. However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on a 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 FMLA leave.
-- Absences attributable to incapacity due to pregnancy or prenatal care or due to chronic conditions qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three (3) consecutive full calendar days. For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee’s health care provider has advised the employee to stay home when the pollen count exceeds a certain level. An employee who is pregnant may be unable to report to work because of severe morning sickness.
25. Serious injury or illness – an injury or illness incurred by a member of the Armed Forces, including the National Guard or Reserves, in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.
26. Son or daughter - a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis and is under age 18 or, age 18 or older, incapable of self-care because of a mental or physical disability at the time that leave is to commence. However, son or daughter on active duty or call to active duty status or of a current service member may be of any age.
27. Spouse - a husband or wife defined as recognized under state law in the state where the employee resides, including common law marriages.
Date of Review: August 12, 2019
Dated of Revision: September 16, 2013
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DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS