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family care medical leave notice by StuartReardon

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									                    NOTICE TO EMPLOYEES OF
                OCEANSIDE UNIFIED SCHOOL DISTRICT


                  FAMILY MEDICAL LEAVE ACT (FMLA)
                ( formerly noticed as FAMILY CARE AND MEDICAL LEAVE)


California State Law provides that eligible employees may take up to 12 workweeks unpaid
leave in a 12 month period for the following purposes:

   •   In "connection" with the birth of a child of employee;

   •   The placement of a child with the employee by either adoption or foster care;


   •   To care for employee's parent, spouse or child who has a serious health condition;


   •   And, in the case of the employee's own serious health condition that makes the employee
       unable to perform the functions of the job, except for leave taken for disability on account of
       pregnancy, childbirth or related medical conditions.


At the conclusion of the FMLA leave, the employee will be returned to the same position
classification held prior to beginning of the leave.


EXEMPTION          CONCERNING           CERTAIN         HIGHLY        COMPENSATED             (KEY)
EMPLOYEES:

(1)     DENIAL OF RESTORATION – An employer may deny restoration under subsection (a) to
any eligible employee described in paragraph (2) if: (a) such denial is necessary to prevent
substantial and grievous economic injury to the operations of the employer; (b) the employer noti-
fies the employee of the intent of the employer to deny restoration on such basis at the time the
employer determines that such injury would occur; and (c) in any case in which the leave has
commenced, the employee elects not to return to employment after receiving such notice.
(2)     AFFECTED EMPLOYEES – An eligible employee described in paragraph (1) is a salaried
eligible employee who is among the highest paid 10 percent of the employees employed by the
employer within 75 miles of the facility at which the employee is employed.



              CALIFORNIA FAMILY RIGHTS ACT (CFRA)
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Following enactment of the FMLA, California revised its family leave law (California Family
Rights Act or CFRA; Government Code Section 12945.2) to substantially mirror the federal
requirements. However, at least two major distinctions must be addressed.


Under the FMLA, pregnancy and pregnancy-related disabilities are “serious health conditions.”
The CFRA does not include an employee’s pregnancy as a serious health condition because female
employees in California have the right to pregnancy disability (PDL) under Government Code
Section 12945. Therefore, while in most circumstances FMLA leave and CFRA leave will run
concurrently, where an employee takes leave for a pregnancy or childbirth-related disability, FMLA
leave will run concurrently with the pregnancy leave, and the employee will additionally be entitled
to 12 workweeks of of CFRA leave after the birth of the child for child care and bonding.


Second, commencing January 1, 2005, California law requires that registered domestic partners be
treated as spouses in many legal respects. Thus, an eligible employee may now take CFRA leave to
care for a registered domestic partner with a serious health condition, or to care for a registered
domestic partner’s ill child (if that child would be otherwise considered to be a stepchild). This
would not be FMLA leave.

The Oceanside Unified School District will maintain employee health benefits during
both the Family Medical Leave Act and the California Family Rights Act leaves.

ELIGIBLE EMPLOYEES

In order to be eligible to take FMLA or CFRA leave, an employee must have been employed by the
District for at least 12 months and have worked at least 1250 hours during the previous 12 months.

REQUIRED REASONABLE NOTICE

Where the employee's need for FMLA or CFRA leave is foreseeable, reasonable advance notice is
required. Reasonable advance notice is defined as follows:

1.     If the need for a leave becomes known more than 30 days before the leave is to begin, the
       employee must provide at least 30 days written advance notice to Oceanside Unified
       School District Personnel Services.

2.     If the need for an FMLA or CFRA leave becomes known less than 30 days prior to
       the date the leave is to begin, the employee must provide written notice where possible to
       Oceanside Unified School District Personnel Services within five days of learning of the
       need for a leave.


REQUIRED CERTIFICATIONS
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A.      An employee who requests FMLA or CFRA leave due to the employee's own serious health
        condition* must provide written verification from the treating physician. This certification
        must contain the following information:

        1.       The date on which the serious health condition commenced.

        2.       The probable duration of the condition.

        3.       A statement that, due to the serious health condition, the employee is unable to
                 perform the functions of his or her position.

B.      An employee who requests FMLA/CFRA leave due to the serious health condition* of the
        employee's child, parent or spouse must provide written certification from the treating
        physician. The certification must contain the following information:

        1.       The date on which the serious health condition commenced.

        2.       The probable duration of the condition.

        3.       An estimate of the amount of time that the health care provider believes the
                 employee needs to care for the child, parent or spouse.

        4.       A statement that the serious health condition warrants the participation of the
                 employee to provide care during a period of the treatment or supervision of the
                 child, parent or spouse.

*"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves
either inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or supervi-
sion by a health care provider.

PAY AND BENEFITS

FMLA or CFRA leave that does not run concurrently with paid medical leave is unpaid. The
District will require all employees to substitute accrued vacation pay or other accrued time off for
FMLA/CFRA leave when the purpose of the leave does not relate to the employee's serious health
condition. When leave is taken due to the employee's serious health condition which does not relate
to an industrial accident or illness, the District will require the employee to substitute all accrued
paid leave including sick leave and any other paid leave including salary differential pay. When an
industrial accident or illness is the cause of the employee's serious health condition, any
FMLA/CFRA leave taken will run concurrently with industrial accident or illness leave and/or
benefits otherwise provided the employee.

The District will maintain the employee's group health care coverage for up to 12 weeks of leave at
the level and under the same coverage which would have been provided had the employee
continued in active employment. When the employee fails to return to work, in some instances, the
District may recover the contribution made to the employee's health coverage during the leave.



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FMLA/CFRA leave does not entitle the employee to receive disability benefits under worker's
compensation.

Leave taken for disability on account of pregnancy, childbirth or related medical condition will be
taken pursuant to Government Code Section 12945 and will be taken in addition to family care and
medical leave. All such leave will be included as medical leave under the CFRA qualifying the
female employee for paid health coverage during the 12 weeks of CFRA leave following paid
maternity leave taken on account of pregnancy, childbirth or related medical condition.

DISTRICT CONTACT FOR INFORMATION

If you wish to request FMLA/CFRA leave or if you have any questions about your rights under the
FMLA or CFRA, please contact Luis Ibarra, Associate Superintendent-Human Resources,
extension 4002.




Procedure revised: August 2008




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