FAMILY MEDICAL LEAVE ACT (FMLA) by cmz65105

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									BOARD OF EDUCATION                                                 CLASSIFIED STAFF
CINCINNATI CITY SCHOOL DISTRICT                                    4430.01/page 1 of 6



                       FAMILY MEDICAL LEAVE ACT (“FMLA”)


The District follows Federal law in providing up to twelve (12) weeks of family and
medical leave during any twelve (12) month period to eligible employees in
accordance with the provisions of the Family and Medical Leave Act of 1993 (FMLA).
This leave may be unpaid or paid, depending on the circumstances as specified in
this policy.

         A.       ELIGIBILITY: To qualify for family and medical leave under this
                  policy, the employee must meet all of the following criteria:

                  1.    The employee must have worked for at least 1250 hours
                        during the 12-month period immediately before the date
                        when the leave is scheduled to begin.

                  2.    The twelve (12) months do not have to be consecutive for B.3
                        and B.4, below. Intermittent leave for B.1 and B.2, below, is
                        subject to District approval.

         B.       BASES FOR FAMILY OR MEDICAL LEAVES: Family or medical
                  leaves may be taken for one of the following reasons:

                  1.    the birth of the employee’s child and to take care of that
                        child;

                  2.    the placement of a child for adoption or foster care;

                  3.    to care for a spouse, child, or parent with a serious health
                        condition; or

                  4.    the serious health condition of the employee which prevents
                        him/her from performing the essential functions of his/her
                        position; or

                  5.    the placement of a family member who is a National Guard or
                        Reserve service-member being on or called to active military
                        duty; or

                  6.    to care for a family member who is a service-member with a
                        serious illness or injury incurred during active duty where the
                        condition.



ADOPTED 8-24-09
BOARD OF EDUCATION                                                CLASSIFIED STAFF
CINCINNATI CITY SCHOOL DISTRICT                                   4430.01/page 2 of 6



                  With the exception of B.6, an eligible employee may take up to
                  twelve (12) weeks of leave under this policy during any 12-month
                  period. This 12-month period is measured forward from the date an
                  employee’s first FMLA begins.

                  Employees taking leave under B.6 may take up to twenty-six (26)
                  weeks of unpaid leave in a single 12-month period. Leave under B.6
                  is measured on a per-covered service-member, per-injury basis. As
                  such, an employee may be entitled to take more than one period of
                  Military Caregiver Leave during the course of his/her employment if
                  the leave is necessary to care for a different covered service-member
                  or to care for the same service-member with a subsequent illness or
                  injury.

                  If both husband and wife work for the District, and each qualifies to
                  take family leave for the birth of a child, adoption, or placement in
                  foster care, or to care for a parent (not a parent in-law) with a
                  serious health condition, they may only take a total of twelve (12)
                  weeks leave (rather than twelve (12) weeks each). Family leave
                  taken for the birth, adoption or placement of a child must be taken
                  during the first twelve (12) months after the arrival of the child.

         C.       SPECIAL RULES FOR SCHOOL DISTRICTS: Special Federal rules
                  apply to School Districts regarding the end of the school year and
                  FMLA leave.

                  For employees whose principal function it is to teach and instruct
                  students (teachers, athletic coaches, drivers education instructors,
                  and special education assistants, such as signers for the hearing
                  impaired, etc.) who do not work between school years, FMLA leave
                  will only apply to scheduled work days and not counted over
                  summer vacation. (See rules 1., 2., 3., 4., and 5. below.)

                  NOTE: Principals, teacher assistants (I.A.’s), counselors, cafeteria
                  workers,    building      service    workers,    etc. are   primarily
                  non-instructional employees. If these employees are eligible under A
                  above and normally do not work (are employed by the District)
                  during the period between school years, then the first rule below 1.
                  applies but rules 2., 3., 4., and 5. do not apply.

                  1.    Eligible employees who end the school year on FMLA can
                        continue FMLA at the beginning of the next year provided
                        they have not used all of the twelve (12) weeks of their annual
                        FMLA leave as described elsewhere in this policy.

ADOPTED 8-24-09
BOARD OF EDUCATION                                                CLASSIFIED STAFF
CINCINNATI CITY SCHOOL DISTRICT                                   4430.01/page 3 of 6



                  2.   If an eligible employee begins FMLA leave more than five (5)
                       weeks before the end of the term, and the leave lasts at least
                       three (3) weeks, the District has the right to require the
                       teacher to remain on leave for the rest of the term.

                  3.   If an eligible employee begins FMLA leave five (5) weeks or
                       less before the end of the term and the leave will last more
                       than two (2) weeks for a reason other than his/her own
                       serious health condition, the District has the right to require
                       the eligible employee to remain on leave for the rest of the
                       term.

                  4.   If an eligible employee begins FMLA leave with three (3) weeks
                       or less before the end of the term and the leave will last more
                       than five (5) working days for a reason other than his/her
                       own serious health condition, the District has the right to
                       require the eligible employee to remain on leave for the rest of
                       the term.

                  5.   Eligible employees who want to take foreseeable leave
                       because of planned medical treatment and the leave is more
                       than twenty (20) percent of the total number of working days
                       in the period over which the leave would extend are subject to
                       being transferred to an alternate position until the end of the
                       school year or required to take the entire period of leave at
                       the discretion of the District.

         D.       EMPLOYEE BENEFITS DURING LEAVE:

                  1.   Any employee who is granted an approved leave of absence
                       under this policy is advised to provide for the retention of
                       his/her group health insurance coverage by arranging to pay
                       the employee contributions, if any, during the period of
                       unpaid absence.

                  2.   In the event that an employee elects not to return to work
                       upon completion of approved unpaid leave of absence, the
                       District may recover from the employee the cost of any
                       payments made to maintain the employee’s coverage, unless
                       the failure to return to work was for reasons beyond the
                       employee’s control. Benefit entitlements based upon length of
                       service will be calculated as of the last paid work day prior to
                       the start of the unpaid leave of absence.


ADOPTED 8-24-09
BOARD OF EDUCATION                                                  CLASSIFIED STAFF
CINCINNATI CITY SCHOOL DISTRICT                                     4430.01/page 4 of 6



         E.       ATTENDANCE POLICY AND FMLA LEAVE: The use of FMLA leave
                  will not be counted against the employee’s attendance record.

         F.       EMPLOYEE STATUS AFTER LEAVE:            The District will restore
                  employees returning from leave to the same or equivalent position
                  and benefits.

         G.       USE OF PAID AND UNPAID LEAVE: If the employee has accrued
                  paid leave, the employee must substitute accrued paid leave first
                  and take the remainder of the twelve (12) weeks as unpaid leave.
                  The employee must substitute accrued paid leave for unpaid FMLA
                  leave. The substituted paid accrued leave runs concurrently with
                  the unpaid FMLA leave.

                  If the leave is taken because of the serious health condition of the
                  employee or a family member, the employee must use available sick
                  leave. All vacation time must be exhausted before unpaid leave is
                  authorized unless the employee returns to work.

         H.       INTERMITTENT LEAVE OR REDUCED SCHEDULED LEAVE: If
                  medically necessary for a serious health condition of an employee or
                  his/her spouse, child, or parent, leave may be taken in twelve (12)
                  consecutive weeks or used intermittently. It may, in some cases, be
                  used to reduce the work week or work day, resulting in a reduced
                  hour schedule. In all cases leave may not exceed twelve (12) weeks
                  over a twelve (12) month time period. (also see Section C.5.)

                  Intermittent leave for the birth of the employee’s child and to take
                  care of that child, as well as the placement of a child for adoption or
                  foster care, is subject to the District’s approval.

                  If scheduling medical treatment, the employee must consult with
                  their employer and make a reasonable effort to schedule such
                  treatment so as not to unduly disrupt the employer's operations.
                  The employer and employee shall attempt to work out a schedule
                  that meets the employee's needs without disrupting the employer's
                  operations.

                  The District may temporarily transfer an employee to an alternate
                  position, with equivalent pay and benefits, if the alternate position
                  would better accommodate the reduced work schedule.




ADOPTED 8-24-09
BOARD OF EDUCATION                                                 CLASSIFIED STAFF
CINCINNATI CITY SCHOOL DISTRICT                                    4430.01/page 5 of 6



         I.       CERTIFICATION OF SERIOUS HEALTH CONDITION: When an
                  employee requests FMLA leave, the employer may require the
                  employee to obtain certification from a health care provider.
                  Certification forms can be obtained by contacting the Human
                  Resources Compliance Specialist at (513) 363-0152.

                  When any part of the FMLA approved leave (either personal or
                  family) is unpaid, certification will be processed in the following
                  manner.     The employer shall require medical certification as
                  required by FMLA to support a claim for an employee’s own health
                  condition. This certification must include a statement the employee
                  is unable to perform the essential functions of his/her position. If
                  family leave is taken because of a serious medical condition to care
                  for a seriously ill child, spouse or parent, the employer shall request
                  that the employee provide medical certification of the medical
                  condition, and include the amount of time the employee is needed to
                  provide care. Department of Labor Form WH-380 will be required
                  for provision of medical certification information. These forms are
                  available by contacting the Human Resources Department at
                  (513) 363-0152.

                  The District may require, at its expense, a second opinion regarding
                  the serious medical condition. The District may designate the
                  health care provider of their choosing to administer the second
                  opinion. If a dispute exists between the two (2) opinions, a third
                  opinion may be obtained, at District expense, and this opinion will
                  be binding on the District and employee. Should a third opinion be
                  necessary, the employee and employer must act in good faith to
                  mutually designate a health care provider to administer the third
                  opinion.

                  All completed certification forms must be sent to the Human
                  Resources Compliance Specialist.    Any questions about the
                  certification procedure should be directed to the Compliance
                  Specialist at (513) 363-0152.

                  In the event the employee fails to provide the medical opinion of the
                  second or third healthcare provider, if applicable, any leave taken by
                  the employee is not FMLA leave.




ADOPTED 8-24-09
BOARD OF EDUCATION                                                 CLASSIFIED STAFF
CINCINNATI CITY SCHOOL DISTRICT                                    4430.01/page 6 of 6



         J.       NOTIFICATION AND REPORTING REQUIREMENTS: When the need
                  for leave is foreseeable, such as the birth or adoption of a child, or
                  planned medical treatment, the employee must provide reasonable
                  prior notice, and make efforts to schedule leave so as not to disrupt
                  District operations. In cases of illness, the employee will be required
                  to report periodically (every thirty (30) days) on his/her leave status
                  and intention to return to work to their supervisor. When an
                  employee will be absent for an FMLA-qualifying absence, the
                  employee must follow the department or school's normal reporting
                  procedures.

         K.       PROCEDURES FOR REQUESTING LEAVE: Employees may request
                  FMLA leave by contacting the Human Resources Compliance
                  Specialist at (513) 363-0152. When leave is requested, the District
                  will advise the employee of the outcome of the request within five (5)
                  business days, or request that the employee obtain certification of a
                  serious health condition. The employee will be provided with a
                  certification form to present to their health care provider.




ADOPTED 8-24-09

								
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