Common use of Extended Family Leave Clause in Contracts

Extended Family Leave. Subd. 1. A family leave may be granted by the School District subject to the provisions of this section and in accordance with the Family Medical Leave Act, P.L. 103-3. Family leave may be granted because of personal illness, the need to prepare and provide parental care for a minor child or children of the teacher, or for the serious illness of a teacher's spouse, life partner, adult child or parent for an extended period of time. Subd. 2. A teacher making application for family leave shall inform the Superintendent in writing of his/her intention to take the leave at least thirty (30) days before commencement of the intended leave if possible. A teacher intending to return from an extended family leave at the start of or during the next school year must notify the District in writing by February 1 of either confirmation of or a request to change the date of their return or they shall forfeit their reinstatement rights for that school year. Subd. 3. If the reason for the family leave is occasioned by pregnancy, the Superintendent may require a statement from the teacher's physician for use in determining the expected date of delivery. Subd. 4. The School District may adjust the proposed beginning or ending date of a family leave so that the dates of the leave are coincident with some natural break in the school year, i.e., winter vacation, spring vacation, semester break, or quarter break, end of a grading period, end of the school year, or the like, in accordance with the Family Medical Leave Act. Subd. 5. In making a determination concerning the commencement and duration of a family leave, the School District shall not, in any event, be required to: a) Grant any leave more than eighteen (18) months in duration if the purpose of the leave is to care for the teacher's minor child or twelve (12) weeks in all other cases. b) Permit the teacher to return to employment prior to the date designated in the request for family leave. Subd. 6. A teacher returning from family leave shall be re-employed in a position for which he or she is licensed unless previously discharged or placed on unrequested leave. Subd. 7. Failure of the teacher to return pursuant to the date determined under this Section shall constitute grounds for termination unless the School District and the teacher mutually agree to an extension of the leave.

Extended Family Leave. Subd. 1. A family leave may be granted by the School District subject to the provisions of this section and in accordance with the Family Medical Leave ActAct (“FMLA”), P.L. 103-329 U.S.C. § 2601, et seq. Family and 29 C.F.R. Part 825, as amended. In accordance with the FMLA, family leave may be granted because of personal illness, the need teacher’s serious health condition; to prepare and provide parental care for a minor child family member’s serious health condition; for a family member’s qualifying military exigency and to care for an injured or children ill service member or veteran; because of the teacher, or for the serious illness birth of a teacher's spouse, life partner, adult child and in order to care for a child; or parent because of placement of a child with the teacher for an extended period of timeadoption or xxxxxx care. Subd. 2. A teacher making application for family leave shall inform the Superintendent in writing of his/her intention to take the leave at least thirty (30) days before commencement of the intended leave if possible. A teacher intending to return from an extended family leave at the start of or during the next school year must notify the District in writing by February 1 of either confirmation of or a request to change the date of their return or they shall forfeit their reinstatement rights for that school year. Subd. 3. If the reason for the family leave is occasioned by pregnancy, the Superintendent may require a statement from the teacher's physician for use in determining the expected date of delivery. Subd. 4. The School District may adjust the proposed beginning or ending date of a family leave so that the dates of the leave are coincident with some natural break in the school year, i.e., winter vacation, spring vacation, semester break, or quarter break, end of a grading period, end of the school year, or the like, in accordance with the Family Medical Leave Act. Subd. 5. In making a determination concerning the commencement and duration of a family leave, the School District shall not, in any event, be required to: a) Grant Xxxxx any leave more than eighteen (18) months in duration if the purpose of the leave is to care for the teacher's minor child or twelve (12) weeks in all other cases. b) Permit the teacher to return to employment prior to the date designated in the request for family leave. Subd. 6. A teacher returning from family leave shall be re-employed in a position for which he or she is licensed unless previously discharged or placed on unrequested leave. Subd. 7. Failure of the teacher to return pursuant to the date determined under this Section shall constitute grounds for termination unless the School District and the teacher mutually agree to an extension of the leave. Subd. 8. The parties agree that the applicable period of probation for teachers as set forth in Minnesota Statutes are intended to be periods of actual service enabling the School District to have an opportunity to evaluate a teacher's performance. The parties agree, therefore, that periods of time for which the teacher is on family leave shall not be counted in determining the completion of the probationary period. Subd. 9. A teacher who returns from family leave within the provisions of this Section shall retain all previous experience credit and any unused leave time accumulated under the provisions of this Contract at the commencement of the beginning of the leave. The teacher shall not accrue additional experience credit during the period of absence for family leave. Subd. 10. A teacher on family leave is eligible to participate in group insurance programs. The School District will continue to make contributions toward the cost of health and hospitalization insurance according to Article X, Section 1 for up to twelve

Extended Family Leave. Subd. 1. A family In the event a bargaining unit member desires an unpaid leave may be granted by longer than the School District subject to the provisions twelve (12) weeks provided in Section 4 above or as otherwise provided in Article XXIV of this section and in accordance with the Family Medical Leave Act, P.L. 103-3. Family leave may be granted because of personal illnessAgreement, the need to prepare and provide parental care for a minor child or children of the teacherprocedure listed below shall be followed: A. Under normal conditions, or for the serious illness of a teacher's spouse, life partner, adult child or parent for an extended period of time. Subd. 2. A teacher making application for family leave shall inform the Superintendent shall be notified in writing of his/her intention to take the leave at least thirty (30) days before commencement prior to the expected date of the intended beginning of said leave. B. Said extended leave if possibleshall be without pay and should begin at a time corresponding to the beginning of a new semester (or other appropriate time such as after a vacation period or marking period). (1) Said extended leave shall ordinarily be for the balance of the school year, with the resumption of employment occurring at the beginning of the next following school year. A In cases where the leave occurs in the third or fourth academic term a teacher intending will state on or before June 15 whether she will return to work the next following school year. Failure to provide such notice will result in an automatic unpaid extended childcare leave under the provisions of this Agreement for the school year following the arrival of the child. On or before June 15th of the year of the extended leave the teacher shall state whether she intends to return from an extended family leave at the start beginning of or during the next subsequent school year. Failure to return or to provide a promise of return for that next subsequent school year will be treated as an irrevocable resignation. (2) If, however, said extended leave is for child rearing purposes and if the birth occurred after January 1 of any given school year, the teacher has the option of resuming the second September 1 after the birth of the child. In either event, the teacher must notify the District Superintendent in writing by February 1 certified mail (or in lieu thereof by a hand-delivered, time- stamped letter) by the first of either confirmation March in the calendar year in which her maternity leave expires of her intention to return in September or her intention to resign from the school system. Failure to comply with this requirement will be considered as a request to change resignation from the date of their return or they shall forfeit their reinstatement rights for that school yearsystem. Subd(3) In the event that childcare circumstances change, the teacher may make written application, accompanied by her physician’s statement of good health, for immediate or early resumption of employment. 3. If When an appropriate position is available, said teacher shall have the reason first option for said position. D. The purposes for which a bargaining unit member may submit his/her application for such unpaid extended leave may include, but shall not be limited to: (1) The need to care for, or to make arrangement for the care of, a minor dependent child of the bargaining unit member, whether or not such child is the natural, adopted or step-child of such bargaining unit member; (2) To discharge any other responsibilities or duties in his/her capacity as the parent of a minor dependent child, whether or not such child is the natural, adopted or step-child of such bargaining unit member; (3) The need to care for a member of the bargaining unit member’s immediate family who has a serious health condition; (4) For a serious health condition that makes the bargaining unit member unable to perform his/her job. E. Whenever extended leave is occasioned by pregnancyrequested due to a serious health condition of the bargaining unit member, the Superintendent may require that the bargaining unit member shall first provide medical certification to support a statement from request for such leave prior to approval of same, and may further require a second opinion (at the teacher's physician expense of the Committee) and a fitness for use in determining duty report upon the expected date return to work of deliverythe bargaining unit member. Subd. 4. The School District may adjust F. Any bargaining unit member taking extended leave, upon his or her return to work, will be restored to his or her previous position or a similar position, with the proposed beginning or ending date same status and pay; provided, however, that if other bargaining unit members at equal length of a family leave so that the dates of the leave are coincident with some natural break service, credit and status in the school year, i.e., winter vacation, spring vacation, semester break, same or quarter break, end similar positions have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of a grading period, end of the school year, or the like, in accordance with the Family Medical Leave Act. Subd. 5. In making a determination concerning the commencement and duration of a family such leave, the School District shall not, in any event, be required to: a) Grant any leave more than eighteen (18) months in duration if the purpose of the leave is to care for the teacher's minor child or twelve (12) weeks in all other cases. b) Permit the teacher to return to employment prior to the date designated in the request for family leave. Subd. 6. A teacher returning from family leave shall be re-employed in a position for which he or she is licensed unless previously discharged shall be extended the same rights and benefits, if any, as are extended to bargaining unit members of equal length of service in the same or placed similar positions; provided, however, if the bargaining unit member served more than one-half (½) of a school year during any school year in which said leave occurred, said service will count as a full year toward advancement on unrequested the salary schedule. G. A bargaining unit member on extended leave shall not be entitled to use any accumulated sick leave, but upon cancellation or expiration of the extended leave, such bargaining unit member shall regain his or her right to sick leave. Subd. 7. Failure of the teacher to return pursuant to the date determined under this Section shall constitute grounds for termination unless the School District and the teacher mutually agree to an extension of the leave.