SECTION F - FAMILY AND MEDICAL LEAVE ACT LEAVE

 

Pursuant to the Family and Medical Leave Act and the Board of Education FMLA policy, any teacher who has been employed in the District for at least twelve (12) months and has worked at least 1,250 hours during the past twelve (12) months shall be entitled to an unpaid leave of absence of up to twelve (12) workweeks during a twelve (12) month period for the following purposes:

 

1.       The birth of a son or daughter and to care for such son or daughter, provided the leave is taken no later than twelve (12) months after the birth of the child;

 

2.       The placement of a son or daughter with the teacher for adoption or foster care, provided the leave is taken no later than twelve (12) months after the placement of the child;

 

3.       To care for the employee's spouse, child or parent with a serious health condition; or

 

4.       The treatment of a serious health condition that makes the teacher unable to perform the functions of the job.

 

The twelve month period for purposes of FMLA shall be July 1 through June 30.

 

When medically necessary, FMLA leave may be taken on an intermittent or on a reduced schedule.  During FMLA leave, the Board shall maintain group health insurance coverage under the same conditions that would have been provided if the teacher was working.  If the employee fails to return from the leave for any reason other than the continuation, recurrence of onset of a serious health condition or circumstances beyond the employee's control, the District may recover the premium that it paid for maintaining the health coverage of the employee during any unpaid portion of the FMLA leave.

 

Upon return to work, the teacher shall be placed in the same or equivalent position the teacher held when the leave commenced with equivalent pay, benefits and other terms and conditions of employment.

 

To the extent permitted by law, an eligible employee may elect or the District may require the employee to utilize any accrued paid leave concurrently with the twelve (12) week FMLA leave period.

 

If the FMLA is amended by Congress, the parties shall bargain over the impact of any such amendments on the District's FMLA policy.