Family and Medical Leave Act (FMLA), gives eligible employees of the District the right to take  unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave for a period of up to twelve (12) workweeks in a twelve-month period. For this purpose the District will compute the twelve (12) month timeframe as a “rolling” twelve month period measured backward from the date an employee used any FMLA. 

An employee on FMLA leave is entitled to have health benefits maintained while on leave. If an employee was paying all or part of the premium payments prior to leave, the employee will continue to pay his/her share during the leave period. In most instances, an employee has a right to return to the same position or an equivalent position with equivalent pay, benefits and working conditions at the conclusion of the leave.

To be eligible for Family & Medical Leave Act (FMLA) employees must meet the following conditions: 

• have worked 1,250 hours during the 12 months prior to the start of leave;

• have worked for the SCSD for 12 months. The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave. In general, only employment within seven years is counted unless the break in service is (1) due to an employee’s fulfillment of military obligations, or (2) governed by a collective bargaining agreement or other written

If an employee has sick or personal time available, the employee may use that time concurrently with the FMLA leave so that they continue to get paid during the period of FMLA leave.  Paid leave during  an FMLA qualifying leave may only be used for contractually provided reasons and must comply with the normal paid leave rules and policies.

If an employee qualifies for FMLA, they may take leave as either a single block of time or in multiple, smaller blocks of time (intermittently) if medically necessary. Leave due to urgent military need may also be taken in broken up periods of time.

Qualified employees may be granted leave for one or more of the following reasons: 

• The birth of a son or daughter or the care of a newborn child,

• The placement of a son or daughter for adoption or foster care,

• To care for a spouse, son, daughter, or parent with a serious health condition as defined by the FMLA,

• A serious health condition, as defined by the FMLA, that prevents the employee from performing their job,

• For a qualifying exigency as defined in law and regulation, arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) 

A serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider. A child shall include any individual whether biological, adopted, a foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is under eighteen (18) years of age or, if over eighteen (18), is incapable of self-care due to a mental or physical disability. A parent shall include the biological parent of the employee or an individual who stood in loco parentis to the employee when (s)he was a child. Family leave must be taken within one year of the birth or placement of the employee’s child. If both spouses are employed by the District, the combined amount of leave for family leave or medical leave may be limited to twelve (12) weeks. 

The District has a right to thirty (30) days advance notice from the employee where practicable. In addition, the District may require an employee to submit certification from a health care provider to substantiate that the leave is due to the serious health condition of the employee or the employee's immediate family member. Failure to comply with these requirements may result in the denial of FMLA leave. The District may also require that an employee present a certification of fitness to return to work when the absence was caused by the employee's serious health condition. The District has the right to deny restoration to employment if the employee does not furnish the certificate of fitness. 

An employer may not interfere with, restrain, or deny the exercise of any right provided under FMLA. An employer cannot discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or involvement in any proceeding under or related to FMLA.

For more information on the District's FMLA policy, please review BOE Policy 6551