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Family and Medical Leave Act (FMLA) POLICY NO: 408 All eligible employees of this district may take leave as provided by the FMLA. The FMLA entitles eligible employees to take up to twelve (12) weeks of unpaid, job-protected leave during a twelve-month (12-month) period for specified family and medical reasons. An eligible employee is defined as an individual who: 1. Has been employed by the district for at least twelve (12) months; and 2. Has been employed for at least one thousand two hundred fifty (1,250) hours of service during the twelve-month (12-month) period immediately preceding the commencement of the leave; and 3. Is employed at a worksite where fifty (50) or more employees are employed by the district within seventy-five (75) miles of the worksite. For the purpose of determining eligibility for FMLA, this district will calculate the “twelve-month (12-month) period immediately preceding the commencement of the leave” as a rolling 12-month period measured backward from the date an employee uses any FMLA leave. BASIS FOR TAKING FMLA FMLA leave may be taken by an employee for any of the following reasons: 1. To care for the employee’s child after birth or placement of a child with the employee for adoption or foster care; 2. To provide care for the employee’s spouse, child, or parent, who has a serious health condition; or 3. For a serious health condition that makes the employee unable to perform the employee’s job. DEFINITIONS“Child (son or daughter)” includes biological, adopted, or foster child, stepchild, legal ward, or a child of a person standing in loco parentis (in place of parent). The child must be either under 18 years of age or, if over 18, incapable of self-care because of a mental or physical disability. “Parent” includes a biological parent (not parent-in-law) or someone who stood in loco parentis when the employee was a child. “Spouse” is a husband or wife, including a common-law husband or wife, but does not include a “significant other” or “domestic partner.” “Serious health condition” is a condition that involves either in-patient care or “continued treatment” by a health care provider. “Continued treatment” includes: 1. Any three (3)-day period of incapacity that involves: (a) at least two (2) visits to a health care provider; or (b) a regimen of continued treatment under a health care provider’s supervision; 2. Any period of incapacity due to pregnancy (including severe morning sickness), even if no treatment is obtained for prenatal care; 3. Any period of incapacity due to a chronic medical condition, such as asthma, diabetes, or epilepsy, even if no treatment is obtained; 4. Any period of absence to receive multiple treatments for restorative surgery or a serious illness such as cancer, severe arthritis, or kidney disease; or 5. Any permanent or long-term incapacity (e.g., Alzheimer’s or severe stroke), even if no treatment is being provided. Any accrued paid leave used by an employee for absences which qualify for FMLA coverage will be counted as FMLA leave, unless the district determines otherwise. The district will comply with the mandates of FMLA, including any special rules which may apply regarding the taking of intermittent leave or leave on a reduced leave schedule, or leave near the end of an academic term by instructional employees. Exhibits A and B set forth employees’ rights under this Act. This district will post a notice approved by the Secretary of Labor explaining the rights and responsibilities under FMLA at the district offices. ♦ ♦ ♦ ♦ ♦ ♦ ♦
LEGAL REFERENCE: Family and Medical Leave Act of 1993 29 USC 2654 29 CFR 825 Idaho Code Section 33-1216
ADOPTED: June 18, 1996 AMENDED: June 8, 2004
LEGAL REFERENCE: Family and Medical Leave Act of 1993 |