North Olmsted City School District
Bylaws & Policies
 

4430.01 - FAMILY & MEDICAL LEAVES OF ABSENCE ("FMLA")

In accordance with Federal law, the Board of Education shall provide up to twelve (12) weeks of unpaid FMLA leave in any twelve (12) month period to eligible classified staff members for the following reasons:

 A.the birth of a child and/or the care of a newborn child within one (1) year of the child's birth;
 B.the placement of a child with the staff member by way of adoption or foster care and/or to care for the child within one (1) year of the child's arrival;
 C.the staff member is needed to care for a spouse, son, daughter, or parent if such individual has a serious health condition; or
 D.the staff member's own serious health condition prevents him/her from performing the functions of his/her position.

Staff members are "eligible" if they have worked for the Board for at least twelve (12) months, and for at least 1,250 hours over the twelve (12) months prior to the leave request.

Twelve (12) month period is defined as a fixed twelve (12) month period (i.e. the "leave year" is identical for all staff members -- e.g., a fiscal year or calendar year).

Serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves:

 A.Inpatient care, including any period of incapacity or any subsequent treatment in connection with such inpatient care; or
 B.Continuing treatment by a health care provider, including:
  1.a period of incapacity of more than three (3) consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition, that also involves either treatment two (2) or more times by a health care provider, or treatment by a health care provider on at least one (1) occasion which results in a regimen of continuing treatment under the supervision of a health care provider;
  2.any incapacity due to pregnancy or for prenatal care;
  3.any period of incapacity or treatment for such incapacity due to a chronic serious health condition;

  4.a period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective;
  5.any period of absence to receive multiple treatments by a health care provider either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three (3) consecutive days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
 C.Conditions for which cosmetic treatment are administered are not "serious health conditions" unless inpatient hospital care is required or complications develop. Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomachs, minor ulcers, headaches other than migraines, routine dental or orthodontia problems, periodontal disease, etc., are conditions that do not meet this definition and do not qualify for FMLA leave.

The Superintendent may allow a staff member to take FMLA leave intermittently or on a reduced-leave schedule for reason (A) or (B) above. A staff member may take FMLA leave on an intermittent or reduced-leave schedule when medically necessary as indicated in reasons (C) and (D) above. Regardless, the taking of such leave results in the total reduction of the twelve (12) weeks only by the amount of leave actually taken. If the intermittent or reduced-leave schedule is foreseeable based on planned medical treatment, the Superintendent may require the staff member to transfer temporarily to an available alternative position which better accommodates recurring periods of leave. The alternative position shall have equivalent pay and benefits but not necessarily equivalent duties.

Whenever the leave is necessitated by the serious health condition of the staff member or his/her immediate family member, and is foreseeable based on planned medical treatment, the staff member shall provide the Superintendent with thirty (30) day's notice. If there is insufficient time to provide such notice because of the need for treatment, the staff member shall provide such notice as early as practicable. When planning medical treatment, the staff member must consult with the Superintendent and make a reasonable effort to schedule the leave so as not to unduly disrupt the regular operation of the District, subject to the approval of the health care provider.

A The staff member may request to substitute any of his/her earned or accrued paid vacation leave, personal leave or family leave (per the applicable collective bargaining agreement) for unpaid FMLA leave provided for either reason (A) or (B) above or

B The staff member may request to substitute any of his/her earned or accrued paid vacation, personal leave or sick leave (per the applicable collective bargaining agreement) for unpaid FMLA leave provided for either reason (C) or (D) above.

If the staff member has not earned or accrued adequate paid leave to encompass the entire twelve (12) week period of FMLA leave, the additional weeks of leave to obtain the twelve (12) weeks of FMLA leave the staff member is entitled to shall be unpaid. Whenever a staff member uses paid leave in substitution for unpaid FMLA leave, such leave counts toward the twelve (12) week maximum leave allowance provided by this Policy.

The Superintendent or his/her designee will notify the staff member when the District intends to designate leave as FMLA-qualifying. Such notice may be given orally or in writing. When verbal notice is given, it will be followed by written notice within ten (10) business days (see Form 4430.01 F3). In the case of intermittent or reduced-leave schedule leave, only one (1) such notice is required unless the circumstances regarding the leave have changed. If the Superintendent does not have sufficient information about the reason for an employee's use of paid leave, the Superintendent may inquire further to ascertain whether the paid leave is FMLA-qualifying. Once the Superintendent learns that a paid leave is for an FMLA leave-qualifying reason, the Superintendent or his/her designee will promptly notify the staff member that the paid leave will count toward the staff member's twelve (12) week FMLA-leave entitlement.

In cases in which the Board employs both spouses, the total amount of FMLA leave is twelve (12) weeks for the couple, except when the leave is due to the serious health condition of either spouse or a child.

When FMLA leave is taken for either reason (C) or (D) above, the staff member must provide medical certification from the health care provider of the eligible staff member or his/her immediate family member (see Form 4430.01 F2). The staff member may either:

 A.submit the completed medical certification to the Superintendent or his/her designee; or
 B.direct the health care provider to transfer the completed medical certification directly to the Superintendent, which will generally require the staff member to furnish the health care provider with a HIPAA-compliant authorization.

In the event the staff member fails to provide medical certification, any leave taken by the employee is not FMLA leave.

When the need for FMLA leave is foreseeable and at least thirty (30) days notice has been provided, the staff member must provide the medical certification before the leave begins. When this is not possible, the employee must provide the requested certification to the Superintendent within fifteen (15) calendar days after the staff member requests FMLA leave unless it is not practicable under the circumstances to do so despite the staff member's diligent and good faith efforts.

The Board reserves the right to obtain, at its expense, the opinion of a second health care provider and, in the event of conflict, the opinion of a third health care provider whose decision shall be binding and final. The staff member may either:

 A.submit the opinion of the second health care provider, and the opinion of the third health care provider if applicable, to the Superintendent or his/her designee; or
 B.direct the second or third health care provider to transfer his/her opinion directly to the Superintendent, which will generally require the staff member to furnish the health care provider with a HIPAA-compliant authorization.

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

A staff member who takes leave for reason (D) above, prior to returning to work, must provide the Superintendent with a statement from his/her health care provider that s/he is able to resume work (see Form 4430.01 F4).

Upon return from any FMLA leave, the Board will restore the staff member to his/her former position or to a position with equivalent employment benefits, pay and conditions of employment. During FMLA leave, the Board shall maintain the staff member's current coverage under the Board's group health insurance program on the same conditions as coverage would have been provided if the staff member had been continuously working during the leave period. If the staff member was paying all or part of the premium payments prior to going on FMLA leave, the staff member must continue to pay his/her share during the leave.

The staff member shall not accrue any sick leave, vacation, or other benefits during a period of unpaid FMLA leave.

The use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of the staff member's leave.

A staff member who fraudulently obtains FMLA leave is not protected by this policy's job restoration or maintenance of health benefits provisions.

The Superintendent shall prepare any guidelines that are appropriate for this policy and ensure that the policy is posted properly.

The Superintendent shall provide a copy of the policy upon the request of a staff member.

29 U.S.C. 2601 et seq.
29 C.F.R. Part 825
45 C.F.R. Part 160, 164