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Leave - Family and Medical


 

The St. Charles City-County Library District will provide Family and Medical Leave to its eligible employees. The District posts the mandatory Family Medical Leave Act (FMLA) notice and upon hire shares the Employee Rights and Responsibilities under the FMLA with new employees.

The purpose of this policy is to provide employees with a general description of their FMLA rights. In the event of any conflict between this policy and applicable law, employees will be afforded all rights required by law.

Eligibility

To be eligible for FMLA leave, an employee must have worked for the District for at least 12 months and have worked at least 1,250 hours in the 12 months immediately preceding the leave.

Leave Entitlement

12 workweeks in a 12-month period

Eligible employees may take up to 12 weeks of leave during a 12-month period for the following reasons:

 

  • For the birth and care of a newborn child of the employee;
  • For the adoption of a child or the placement and care of a child under the age of 18 with the employee for foster care;
  • The employee’s own serious health condition;
  • To care for an immediate family member (spouse, child, or parent) with a serious health condition;
  • A qualifying exigency arising out of the covered active duty or impending call to covered active duty of a family member (spouse, child, or parent) in the Armed Forces, National Guard or Reserves.

26 workweeks in a 12-month period

Eligible employees may take up to 26 weeks of unpaid leave during a 12-month period to care for a covered service member, as defined by the FMLA, with a serious injury or illness who is their spouse, child, parent or next of kin.

Serious Health Condition Defined

An illness, injury, impairment, or physical or mental condition that involves: inpatient care at a hospital, hospice, or residential medical care facility; incapacity for more than three full calendar days with continuing treatment by a healthcare provider; incapacity due to pregnancy or prenatal care; incapacity or treatment for a chronic serious health condition; permanent or long-term incapacity for a condition for which treatment may not be effective (such as terminal illness); absence for multiple treatment for either (1) restorative surgery following an injury or accident or (2) a condition that would require an absence of more than three days if not treated.

Qualifying Exigency Defined

A qualifying exigency is: short-notice deployment; military events and activities; childcare and school activities; financial and legal arrangements; counseling; rest and recuperation; parental care; post- deployment activities; or additional activities that arise out of active duty, provided the employer and employee agree on timing and duration of the leave.

 

Leave Entitlement Calculation

  1. month rolling period counted forward: Eligible employees are entitled to up to 12 weeks (or 26 weeks for military caregiver leave) of FMLA leave in the year beginning on the first day the employee takes FMLA leave. From that date forward, the employee has 12 months to take the full 12 weeks of FMLA leave. The next 12-month period begins when FMLA leave is taken after the initial 12- month leave year ends (i.e. if a FMLA leave begins April 1st, the employee will have 12 months (March 31st) to use up the 12 weeks of leave).

 

If spouses both work for the District and each wishes to take leave for the birth of a child, adoption or placement of a child in their care for foster care, or to care for a parent (but not a parent “in-law”) with a serious health condition, the spouses may only take a combined total of 12 weeks (or 26 weeks of leave for military caregiver).

 

In some cases, employees may take FMLA leave intermittently. Depending on the nature qualifying circumstance intermittent leave may be granted as separate blocks of time or as a reduction in hours work per week or day. Employees must make reasonable efforts to schedule intermittent leave so as not to unduly disrupt daily operations of the branch of department. Formulas for calculating time used as intermittent leave will be proportionate to the employee’s regular working hours as outlined in the FMLA Regulations.

Employee Status after Leave

Generally, an employee who takes FMLA leave will be able to return to the same position or to a position with equivalent status, pay, benefits, and working conditions.

  • An employee who takes leave under this policy for a serious health condition may be asked to provide a fitness for duty clearance from his or her health care provider.
  • An employee returning from military leave will be reinstated according to the provisions in policy E330 Leave -Military.

 

Substitution of Sick Leave, Personal Leave and Annual Leave Pay

An employee who is taking FMLA leave because of the employee’s own serious health condition or the serious health condition of a family member must use all sick leave, personal leave and annual leave prior to being eligible for unpaid leave. Holidays occurring during the FMLA leave do not extend the leave.

  • An employee who is taking FMLA leave to care for a newborn child, adopted child or foster child must use personal leave and annual leave, if the leave is not required for medical reasons.
  • An employee who is using military FMLA leave for a qualifying exigency must use personal leave and annual l leave prior to being eligible for unpaid leave.

Maintenance of Health Benefits

The District will continue the employee’s coverage under any group health plan on the same terms as if the employees were actively working.   While on paid leave, the District will continue to make payroll deductions to collect the employee’s share of the premiums. If the leave becomes an unpaid leave, the employee will be required to pay his or her portion of the benefit premiums.

The District may cancel the employee’s coverages if the employee’s premium is more than 30 days late, in such circumstances, the District will send a written notification to the employee 15 days prior to the cancellation date.

 

Certification to Support a Request for FMLA

A certification will be required to support requests for FMLA leave.

  • A certification of the employee’s own serious health condition must be completed by a health care provider.
  • A certification of a family member’s serious health condition must be completed by the family member’s healthcare provider and must provide sufficient information to establish that care is needed and should estimate the frequency and duration of leave necessary for the employee to provide care.
  • A certification for military caregiver leave must be completed by the employee and the family member’s health care provider.

 

Employees should submit certifications within 15 days of the request to the Human Resources Office, or provide a reasonable explanation for a delay.

Procedure for Requesting FMLA Leave

All employees requesting FMLA leave must provide verbal or written notice of the need for the leave to the HR Manager. Within five business days after the employee has provided this notice, the HR Manager will provide the employee with the DOL Notice of Eligibility and Rights.

When the need for the leave is foreseeable, the employee must provide the District with at least 30 days’ notice. When an employee becomes aware of a need for FMLA leave less than 30 days in advance, the employee must provide notice of the need for the leave either the same day or the next business day. Absent unusual circumstances, employees must comply with the District’s usual and customary notice and procedural requirement for requesting leave.

Designation of FMLA Leave

Generally, within five business days after the employee has submitted the appropriate certification form, the HR Manager or Generalist will complete and provide the employee with a written response to the employee’s request for FMLA leave using the DOL Designation Notice.

 

Intent to Return to Work from FMLA Leave

An employee on FMLA Leave should contact the Human Resources Office no later than the last week of approved leave to confirm his or her intent to return to work.

(Revision Approved 2/9/09, 9/13/16)