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  3. Chapter IV: Board Employment

Family and Medical Leaves of Absence and Supplemental Leaves

Section 4-12

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  • Applicability of Rule. This Rule applies to all Board employees.
  • Types of Family and Medical Leaves Authorized by this Rule. The Board shall establish policies for Family and Medical Leave Act (“FMLA”) leaves and supplemental leaves, including, child-rearing leaves, personal illness leaves, and family illness leaves. Said policies shall establish eligibility criteria for leaves, leave duration, any employee rights to return to a position at termination of leave, and rights to pay during leave. Notwithstanding anything in these leave policies to the contrary, principals and assistant principals shall only have position protection during the first twelve (12) workweeks of FMLA leave and will not have position protection during any supplemental leave.
  • Coordination with Other Laws, Regulations and Policies. All leaves granted under this Rule to employees eligible for an FMLA leave shall be designated as an FMLA leave for the first twelve (12) workweeks of the leave during any twelve (12) month period. The Chief Executive Officer or his/her designee shall make the FMLA leave retroactive to the first day of an employees’ continuous absence prior to the employee’s request for the FMLA leave except where the employee has previously provided the Chief Executive Officer or his/her designee with the information sufficient for the Chief Executive Officer or his/her designee to make a determination that the leave qualifies as an FMLA leave and the Chief Executive Officer or his/her designee has failed to designate the leave as FMLA, in which case the FMLA leave shall commence on the date the employee submits an application for FMLA leave to the Chief Executive Officer or his/her designee. FMLA leaves shall be concurrent with any other leave authorized by this Rule.
  • Coordination of Leaves. All leaves the Chief Executive Officer or his/her designee grant under this Rule to employees eligible for an FMLA leave shall be designated as an FMLA leave for the first twelve (12) workweeks of the leave during any twelve (12) month period. The Chief Executive Officer or his/her designee shall make the FMLA leave retroactive to the first day of an employees’ continuous absence prior to the employee’s request for the FMLA leave except where the employee has previously provided the Chief Executive Officer or his/her designee with the information sufficient for the Chief Executive Officer or his/her designee to make a determination that the leave qualifies as an FMLA leave and the Chief Executive Officer or his/her designee has failed to designate the leave as FMLA, in which case the FMLA leave shall commence on the date the employee submits an application for the FMLA leave to the Chief Executive Officer or his/her designee. FMLA leaves shall be concurrent with any other leave authorized by this Rule.
  • Effect of Leave on Probationary Periods. Any probationary appointed teacher granted a leave of thirty (30) or more consecutive calendar days, including an FMLA leave, shall have his/her probationary period extended by the duration of the leave granted under this Rule. This Rule shall not apply to intermittent leaves.
  • Leave Required. Any employee subject to this Rule shall be required to seek a leave if the employee is absent from work or anticipates that he/she will be absent from work for more than ten (10) consecutive workdays, or if the employee anticipates the need for an on-going, intermittent leave. The Chief Executive Officer or his/her designee may seek to discipline or dismiss an employee who fails to apply for a leave under this Rule.
  • Medical Certification for Leave. All requests for leave or, where available, requests for leave extensions, must be supported by a certification from an appropriately licensed health-care provider. In accordance with applicable law, the Chief Executive Officer or his/her designee may require that an employee seeking a leave or on a leave to submit to periodic evaluation by an appropriately licensed health-care provider regarding the necessity of a leave or continued necessity of a leave.
    1. In cases of a dispute regarding the necessity of a leave, the Chief Executive Officer or his/her designee shall direct an employee to submit to an evaluation by an appropriately licensed healthcare provider and request the health-care provider’s opinion regarding the necessity of a leave.
    2. Where appropriately licensed health-care providers issue conflicting opinions or certifications regarding the necessity for a leave, the Chief Executive Officer or his/her designee shall direct the employee to submit to an evaluation of a third appropriately licensed health-care provider, whose opinion and certification regarding the necessity for a leave will be controlling.
      • The employee or his/her healthcare provider shall select the third health-care provider from a list maintained by the Chief Executive Officer or his/her designee.
      • The cost of the evaluation and opinion by the third healthcare provider shall be borne by the Board.
    3. An employee’s failure or refusal to submit to any evaluation directed by the Chief Executive Officer or his/her designee or to cooperate in the evaluation or the health-care provider’s selection shall be grounds for discipline or dismissal from employment.
    4. Where the health-care provider’s opinion is that the employee should be on a leave, the health-care provider shall establish a date for re-evaluation to determine the continued necessity of the leave.
  • Maintenance of Insurance Benefits During Leaves. An employee granted a leave under this Rule shall maintain all insurance benefits during his/her leave provided that the employee pays the employee’s premium contribution for the insurance.
  • Prohibition Against Secondary Employment During Certain Leaves of Absence. Employees who are granted a leave of absence for their own serious medical condition or their own personal illness under this Rule shall not work secondary employment during the period of the leave, including any leave extension.

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