FAMILY MEDICAL LEAVE
The Clermont Governing Board of Educational Service Center will provide
leave to eligible employees consistent with the Family Medical Leave Act (FMLA).
Eligible employees are entitled to up to 12 work weeks of unpaid family and
medical in any 12-month period. The Clermont Governing Board of Educational
Service Center will continue to pay the Governing Board’s share of the
employee’s health benefits during the leave. In addition, the Governing
Board will restore the employee to the same or a similar position after the
termination of the leave in accordance with Governing Board policy.
In complying with the FMLA, the Clermont Governing Board of Educational
Service Center will adhere to the requirements of applicable Federal and
State laws.
[Adoption date: June 21, 2001]
LEGAL REFS: ORC 124.39
3313.20; 3313.211
3319.08; 3319.09; 3319.13; 3319.131; 3319.14; 3319.143
FAMILY MEDICAL LEAVE ACT
Family Medical Leave Absences
An employee who has worked for the Clermont Governing Board of Educational
Service Center for at least 12 months is eligible for 12 work weeks of
FMLA leave during a 12-month period provided the employee worked at least
1,250 hours in the 12 months preceding the beginning of the leave.
Types of Leave
An eligible employee may take FMLA leave for:
1. the birth and first-year care of a child;
2. the adoption or foster placement of a child;
3. the serious illness of an employee’s spouse, parent or child and
4. the employee’s own serious health condition that keeps the employee
from performing the essential functions of his/her job.
An employee may elect, or the Governing Board may require, an employee to
use accrued paid vacation, personal or sick leave for purposes of a family
leave. An employer cannot compel an employee to use accrued medical/sick
leave in any situation that the leave could not normally be used.
Spouses employed by the Clermont Governing Board of Educational Service
Center
If a husband and wife eligible for leave are employed by the Governing
Board, their combined amount of leave for birth, adoption, foster care
placement and parental illness may be limited to 12 weeks. An employee may
not take FMLA leave to care for a parent-in-law.
Intermittent and Reduced Leave
Intermittent leave is leave taken in separate blocks of time due to a
single illness or injury.
Reduced leave is a leave schedule that reduces employee’s usual number of
hours per workweek or hours per workday.
Intermittent or reduced leave is available only for the employee’s own
serious health condition or to care for a seriously ill spouse, child or
parent. Such leave may not be used for the birth or adoption/placement of
a child.
The employee who wishes to use intermittent or reduced leave must have the
prior approval of the Governing Board. Although the Governing Board and
the employee may agree to an intermittent or reduced leave plan, the
employee who uses family leave is not automatically entitled to use such
leave on an intermittent basis or on a reduced leave schedule.
The Governing Board may provide such leave for medical leave but the
District may transfer the employee to a position that is equivalent, but
more suitable for intermittent periods of leave. The employee must furnish
the District with the expected dates of the planned medical treatment and
the duration of the treatment. The Superintendent must authorize such
leave in writing.
Benefits
The Governing Board will maintain the employee’s health coverage under the
Governing Board’s group health insurance plan during the period of FMLA
leave. The employee should make arrangements with the Board to pay the
employee’s share of health insurance (e.g. family coverage) prior to the
beginning of the FMLA leave.
The employee will not lose any other employment benefit accrued prior to
the date on which leave began but is not entitled to accrue seniority or
employment benefits during the leave period. Employment benefits could
include group life insurance, sick leave, annual leave, educational
benefits and pensions.
Notice
When the FMLA leave is foreseeable, the employee must notify the Governing
Board of his/her request for leave at least 30 days prior to the date when
the leave is to begin. If the leave is not foreseeable, the employee must
give notice as early as is practical. When the employee requests medical
leave, the employee must make reasonable attempts to schedule treatment so
as not to disrupt the Governing Board’s operations.
The Governing Board may deny the leave if the employee does not meet the
notice requirements.
Certification
The Governing Board may require the employee to provide certification from
a health care provider containing specific information required under the
law if he/she requests a medical leave. If there is a question concerning
the validity of such certification a second, and, if necessary, a third
opinion can be required both at the expense of the Governing Board.
Upon the employee’s return to work, the Governing Board will require that
the employee present a fitness statement from the employee’s health care
provider certifying that the employee is able to return to work.
Restoration
When the employee returns from the leave, the Governing Board will restore
the employee to the same or an equivalent position with equivalent
benefits, pay, terms and conditions of employment in accordance with
Governing Board policy.
Under certain circumstances, the Governing Board may deny restoration to a
key employee. The Governing Board will comply with the notice requirements
of the FMLA in denying restoration. A key employee is one who is among the
highest paid 10% of the employees and whose absence would cause the
Governing Board to experience a substantial and grievous economic injury.
Instructional employees
Special leave rules apply to instructional employees. Instructional
employees are those employees whose principal function is to teach and
instruct students in a small group, or an individual setting. This term
includes teachers, athletic coaches, driving instructors and special
education assistants such as signers for the hearing impaired. It does not
include teacher assistants or aides who do not have as their principle job
actual teaching or instructing, nor does it include auxiliary personnel
such as counselors, psychologists or curriculum specialists. It also does
not include cafeteria workers, maintenance workers or bus drivers.
Limitations apply to instructional employees who take intermittent or
reduced leave. If the leave requested is:
1. to care for a family member, or
2. for the employees own serious health condition and
3. is foreseeable based on planned medical treatment and
4. the employee would be on leave for more than 20% of the total number of
working days over the period the leave would extend,
Then the Governing Board may require the employee to choose either to:
1. take the leave for a period or periods of a particular duration, not
greater than the planned treatment or
2. transfer temporarily to an available alternative position for which the
employee is qualified, which has equivalent pay and benefits, and which
better accommodates recurring periods of leave than does the employee’s
regular position.
Limitations also apply to instructional employees who take leave near the
end of a semester. When an instructional employee begins leave more than
five weeks before the end of a semester the Governing Board may require
the employee to continue taking leave until the end of the semester if:
1. the leave will last at least three weeks and
2. the employee would return to work during the three-week period before
the end of the semester.
When an instructional employee begins leave for a purpose other than the
employee's own serious health condition during the five-week period before
the end of the semester, the District may require the employee to continue
taking leave until the end of the semester if:
1. the leave will last more than two weeks, and
2. the employee would return to work during the two-week period before the
end of the semester.
When an instructional employee begins leave for a purpose other than the
employee’s own serious health condition during the three-week period
before the end of a semester and the leave will last more than five
working days, the District may require the employee to continue taking
leave until the end of the semester.
Failure to return
The Governing Board is entitled to recover health care premiums paid
during the leave if the employee fails to return from leave. However,
recovery cannot occur if the employee fails to return because of the
continuation, recurrence, or onset of a serious health condition or due to
circumstances beyond the control of the employee.
(Approval date: June 21, 2001)
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