A. The Family and Medical Leave Act (FMLA) of 1993 requires that job-protected leave of up to 12 calendar weeks in a 12 month period be granted to employees under the following circumstances:

1. For the birth and first year care of the employee’s child or placement of a child with the employee for adoption or foster care.

2. For the care of the employee’s spouse, child or parent with a serious health condition.

3. For the employee’s own serious health condition.

Employees are eligible if they have worked for at least one year prior to the time leave is requested and for 1250 hours over the previous 12 months. The FMLA provides that the district may establish guidelines relative to administration of the required leave. Those guidelines are set forth below (B through L). A full copy of the text of the Family and Medical Leave Act of 1993 is available at the SAU #53 Central Office.

B. The 12 month period to be used in calculating an employee’s entitlement to family or medical leave will be the fiscal year July 1 through June 30, therefore employees need to re-apply for FMLA leave with their principal/supervisor prior to the beginning of each fiscal year for all classifications of employees.

C. All FMLA leave time will be processed with a Family Medical Act request form (ATT. 1).

D. The SAU will follow FMLA (1993) guidelines in the granting and scheduling of all leave requests, both non-intermittent and intermittent.

E. An employee may use any applicable paid leave (sick, personal or vacation) towards the 12-week FMLA leave entitlement in circumstances involving the employee’s own

APPROVED: January, 1994

AMENDED: June, 1997

serious health condition. Accumulated paid sick leave may only be used if the employee’s supervisor grants permission in writing prior to the beginning of said leave once the need for training, part-time or temporary help, or other necessary arrangements have been determined and arranged. In FMLA leave-qualifying circumstances pertaining to the first year care of child/adoption/serious health condition of family member, the employee may use paid personal and vacation leave, but not accumulated sick leave, toward the twelve weeks FMLA entitlement under the stipulation above.

F. When eligible, intermittent leave or reduced leave schedules of a 1/2 workday minimum will be granted for a serious health condition provided the employee’s health care provider certifies this schedule as medically necessary. If an eligible employee requests foreseeable intermittent leave or a reduced work schedule for planned medical treatment for the employee or a family member, the SAU may temporarily transfer the employee to an available alternative position with equivalent pay and benefits.

G. Employees must give 30 days notice of the need for FMLA leave when it is foreseeable for the birth or placement of a child, or for planned medical treatment. Reasonable effort must be made to schedule leave so as to minimally disrupt the SAU’s operations.

H. FMLA leave for birth or placement of a child for adoption or foster care in the employee’s home may only be taken on a continuous basis.

I. For the duration of FMLA leave, all applicable insurance (health, dental, life, disability) coverage will be maintained and district contributions to premiums will continue. If an employee provides notice of intent not to return to work from the leave or fails to return from leave as scheduled, these employees would be allowed to continue any insurance benefits that are covered by COBRA guidelines at their own expense (ATT. 2).

J. Upon return from FMLA leave, employees will be restored to their original or equivalent position with equivalent pay, benefits and other employment terms. The use of FMLA leave will not result in the loss of any employment benefits that accrued prior to the start of an employee’s leave.

K. The SAU will require periodic reports including medical certification in the event of a serious health condition from an employee on FMLA leave regarding the employee’s status and intent to return to work.

L. Employees returning to work after taking FMLA leave for a serious health condition will be required to submit medical certification of their fitness to work.

A. While it is not always possible to obtain advance approval for sick leave requests, authorization for scheduled appointments and planned medical procedures should be requested in advance using a Medical Leave Request form. (ATT. 3). If the length of the disability is not immediately known, the slip may be marked *FOR NOTIFICATION PURPOSES* at the top of the form and include the expected length of absence to the best of the supervisor’s knowledge. It need not be signed by employee if it is "For Notification Purposes".

B. When the employee returns to work, he/she should report to the supervisor to complete a Return from Leave slip. At this time the supervisor can make any appropriate inquiries or comments, and obtain the employee’s signature.

C. The slip should then be signed by the principal/supervisor who should ensure that appropriate documentation is attached when required.

D. The leave slip should then be forwarded to the SAU office for final action.

A. The leave category should be provided on the leave slip if other paid leave (vacation, personal, emergency, etc.) is being requested.

B. Application for paid leave should be made through the principal/supervisor on Reporting Leave/FMLA Forms.

C. The Superintendent (certified employees) and the Business Administrator (non-certified employees) are the final approving authorities for paid leave requests.

D. The completed form shall be retained by the SAU office for audit purposes, and one copy given to the employee.

E. Administrator’s Leave requests shall be routed to the Superintendent for approval.

A. Leaves without pay should also be processed using the Reporting Leave/Medical/FMLA Leave forms with whatever supplemental materials may be appropriate. The number of days requested should be entered and noted "without pay". A reason for the request must be given and shall be accompanied by:

B. A physician’s medical certification (ATT. 5) will be required for leaves without pay for the employee’s own serious health condition or that of a spouse, parent or child under the terms of the Family and Medical Leave Act.

C. A separate Return from Leave form (ATT. 6) will be necessary to reinstate the employee at the conclusion of the leave.

D. All materials shall be forwarded through the principal/supervisor for their approval and then to the SAU office for final action.