NON-CERTIFIED STAFF FAMILY AND MEDICAL LEAVE
The district will comply with all provisions of the Family and Medical Leave Act of 1993 and amendments.
Unpaid family and medical leave will be granted up to twelve (12) weeks in any twelve (12) month period to eligible non-certified staff members for the following reasons:
1. the birth or care of a newborn child within one (1) year of the child’s birth;
2. the placement or care by way of adoption or foster care with the staff member within one (1) year of the child’s arrival;
3. to care for the staff member’s spouse, parent or dependent child with a serious health condition;
4. if the staff member’s own serious health condition prevents that employee from performing the functions of the employee’s job;
5. in qualifying urgent situations arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation.
Unpaid leave will be granted up to twenty-six (26) weeks during a single twelve (12) month period to eligible non-certified staff members to care for a spouse, son, daughter, parent, or next of kin of a current member of the Armed Forces, including a member of the National Guard or Reserves, with a serious injury or illness.
For purposes of this policy, the twelve month period is defined as a "rolling period based on the date the leave is requested to begin and looking backward at the last twelve-months of use. Requests for family and medical leave shall be made to the superintendent.
To be eligible for FMLA benefits, a district employee must:
1. have worked for the district for a total of 12 months; and
2. have worked at least 1,250 hours over the previous 12 months.
When meeting the requirements set out in the family and medical leave administrative rules, employees may be allowed or required to substitute paid leave for unpaid family and medical leave according to the terms and conditions of the district’s normal leave policies. Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave. Requests for FMLA leave shall be submitted in writing. This policy shall not be construed to expand eligibility for an FMLA leave beyond what is required by the Act. It shall be the responsibility of the superintendent to implement this policy.
Legal Reference: 29 U.S.C. §§ 2601 et seq. (1994)
29 C.F.R. Pt. 825 (1996).
Cross Reference: 410.03 Certificated Employee Family and Medical Leave