Leave - Family and Medical
This policy is written to comply with the Family and Medical Leave Act (with revisions of November 17, 2008) and including the provisions of the National Defense Authorization Act for FY2008.
Family and Medical Leave up to a maximum of 12 weeks in any 12 month period may be granted in accordance with District policies on the use of annual leave, sick leave and leave without pay for the following situations:
- The birth of a child and the care of such child;
- The placement of a child for adoption or foster care;
- Serious health condition (as defined by FMLA Act) of an employee’s spouse, child, father, mother;
- Serious health condition (as defined by FMLA Act) that makes the employee unable to perform his or her job functions.
- A qualifying emergency arising out of the fact that an employee’s spouse, child, or parent is on active duty (or has been notified of an impending call or order to active duty in the Armed Forces) in support of a contingency operation.
Family and Medical Leave up to a maximum combined total of 26 weeks in any 12 month period may be granted in accordance with District policies on the use of annual leave, sick leave and leave without pay for the following situation:
- To care for an employee’s spouse, child, parent, or next of kin who is a member of the Armed Forces, including a member of the National Guard or Reserves, and who is undergoing medical treatment, recuperation, therapy, or is in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury sustained in the line of duty on active duty.
To be eligible for Family and Medical Leave, an employee shall have been employed with the District for 12 months full time or at least 1,250 hours part time in a 12 month period, in compliance with the Family and Medical Leave Act.
For determining the amount of leave available, the District will use a rolling 12-month period, that is, a 12-month period measured backward from the date an employee uses any FMLA leave. Each time approved FMLA leave is taken, the amount of available leave is computed by subtracting leave already taken during the preceding 12 months from the available weeks of leave and the balance remaining is the amount the employee is entitled to take for the current leave.
When Family and Medical Leave is needed, the employee shall notify the immediate supervisor by completing the Family and Medical Leave Request Form. The Form indicating the possible dates of leave shall be completed at least 30 days in advance of the leave or earlier if practical. Emergency situations may not allow for 30 days notice; however, the employee must provide notice as soon as practicable. The following are guidelines for leave usage:
- An employee’s request for a Family and Medical Leave, in situations 1 though 5 above, shall not exceed twelve (12) weeks in any rolling 12-month period.
- In situation 6 above, an employee’s request for a Family and Medical Leave shall not exceed a maximum combined total of twenty-six (26) weeks in any rolling 12-month period.
- The Library District’s official FMLA contact person, the Human Resources Manager, will respond within 5 days of the receipt of employee’s Request Form and provide the employee notice that the leave qualifies, or does not qualify, as Family and Medical Leave (FMLA). Employees will also be provided with a copy of this policy, as well as a copy of their rights and responsibilities under FMLA.
- An employee’s request for leave may be taken on an intermittent basis, including reduced work days or reduced work weeks, but not to exceed the total number of weeks in situations 1 to 6 above in a 12-month period. Formulas for calculating time used for full and part time employees will be proportionate to the employee’s regular working hours, as outlined in the Family and Medial Leave Act Regulations. Requests concerning adjustment of the work schedule will be handled on an individual basis. Employees requesting intermittent leave or adjustment to work schedules shall complete the applicable sections of the Family and Medical Leave Request Form.
- If the employee is requesting sick leave to cover the time away from work, the employee shall submit to his/her supervisor a doctor’s statement, or an official statement from the case or social worker, or appropriate Armed Forces documentation indicating the time needed for the employee’s illness, care of the child, or family member.
- Sick leave used to cover the FMLA leave will be counted as sick leave for the purposes of the Sick Leave Recognition Program for Regular Attendance, Policy E352.1.
- When the employee qualifies for FMLA leave, the employee will first use paid leave, such as accrued sick, vacation, and/or holiday leave. When all sick leave, annual leave and holiday time have been exhausted, the employee may request leave without pay. The total leave requested including paid and unpaid leave, shall not exceed the total amounts in situations 1 to 6 above per year. The leave without pay will be approved by the employee’s supervisor in accordance with the Policy E360, Leave Without Pay.
- If it is necessary for an employee to take leave without pay for Family and Medical Leave, the District will continue health care coverage during the leave at the same level and cost to both the District and the employee as before the leave.
- When an employee returns from Family and Medical Leave, he/she shall be reinstated to the same or an equivalent job with the same pay, benefits and terms of employment.
- Employees returning from Military Leave shall be reinstated according to the provisions in Policy E330, Leave – Military.
(Revision Approved 2/9/09)