Family and Medical Leave Act of 1993. The parties agree that the Employer may adopt policies to implement the Family and Medical Leave Act of 1993 that are in accord with what is legally permissible under the Act.
Family and Medical Leave Act of 1993. It is understood that the Family and Medical Leave Act of 1993 does not abrogate the rights of the parties under this Collective Bargaining Agreement. Where additional benefits are extended by the Act to the Employees, those additional benefits will be honored by the District. Where certain Employer rights are also granted in connection with those additional benefits, the District shall be free to exercise those rights. To the extent that leaves of absences are granted under this contract, whether paid or unpaid, it is the intent of the parties that the rights granted hereunder will serve to satisfy the requirements of the Family and Medical Leave Act provisions to the extent applicable by law. All applications for Family and Medical Leave Act leaves will comply with Board policy.
Family and Medical Leave Act of 1993. (a) Leave provisions of this Agreement shall be construed consistently with the requirements of the Act. However, if the leave provisions under this Article are more generous, this Agreement shall prevail.
(b) Employees may take paid or unpaid leave in accordance with this Act for birth, adoption, placement in their xxxxxx care of a child, or for serious medical conditions affecting themselves or their immediate family as defined in the Act. All such leaves may be concurrent with, and not in addition to, any other applicable leaves provided for in this Agreement.
(c) Upon return from leave under this Act, the employee shall be returned to the position held immediately before the leave began. If the position no longer exists, the employee shall be returned to a position equivalent in pay, benefits, hours, and other terms and conditions of employment.
Family and Medical Leave Act of 1993 a. If an employee is eligible for leave under the Family and Medical Leave Act of 1993 and timely applies for such leave, the twelve (12) month period during which up to twelve (12) weeks of leave entitlement may occur shall be a rolling twelve (12) month period measured backward from the date the employee uses leave under the Act.
b. Eligibility for and the use of leave under the Act shall be governed by the terms of the Act, with the employee and Board retaining all options available to each under the Act. Any dispute over whether the Act has been violated shall be resolved under the enforcement procedures provided by the Act and shall not be grievable or otherwise reviewable under Article 19 of this Agreement.
Family and Medical Leave Act of 1993. Leave provisions of this Agreement shall be construed consistently with the requirements of the Act. However, if the leave provisions under this Article are more generous, this Agreement shall prevail. All such leaves may be concurrent with, and not in addition to, any other applicable leaves provided for in this Agreement.
Family and Medical Leave Act of 1993. 9.9.1 An eligible teacher is entitled to use Family and Medical Leave Act of 1993 (“FMLA”) to the extent permitted by law. The FMLA entitles eligible teachers 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 teacher had not taken leave. Eligible teachers are entitled to:
9.9.1.1 Twelve (12) workweeks of leave in a twelve (12) month period for:
9.9.1.1.1 The birth of a child and to care for the newborn child within one (1) year of birth;
9.9.1.1.2 The placement with the teacher of a child for adoption or xxxxxx care and to care for the newly placed child within one (1) year of placement;
9.9.1.1.3 To care for the teacher’s spouse, child, or parent who has a serious health condition;
9.9.1.1.4 A serious health condition that makes the teacher unable to perform the essential functions of his or her job; or
9.9.1.1.5 Any qualifying exigency arising out of the fact that the teacher’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”
9.9.1.2 Twenty-six (26) workweeks of leave during a single twelve (12) month period to care for a covered service member with a serious injury or illness if the eligible teacher is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
9.9.2 The twelve (12) month period for FMLA use is a rolling twelve (12) month period measured backward from the date the teacher intends to begin to use FMLA leave (to determine eligibility) and forward from such initiation of FMLA leave for setting the period during which the eligible teacher may utilize the full amount of the FMLA leave. Once the teacher has been determined eligible for an initial leave, subsequent uses of FMLA leave, up to the applicable maximum, can be used for qualifying reasons during that immediate twelve (12) month period but unused FMLA may not be “carried over” to subsequent twelve (12) month periods.
9.9.3 FMLA leave shall run concurrently with qualifying paid and unpaid leaves under this Agreement.
Family and Medical Leave Act of 1993. In accordance with the Family and Medical Leave Act (FMLA) of 1993, a medical or personal leave addressed above is an FMLA leave if the absence is for one or more of the following:
Family and Medical Leave Act of 1993. There are several provisions within the Master Contract which are affected by the Family and Medical Leave Act (“FMLA” or “Act”). The Board and the SACT each acknowledge that the School District is bound by the requirements of the FMLA. The Master Contract and the Board’s policy regarding FMLA shall be consulted in connection with questions related to a request for leave that is covered by the Act. Questions regarding the interpretation, administration, and application of the Act to eligible teachers shall be resolved by reliance on the FMLA and its interpretive regulations. The definitions included in the FMLA related to serious health condition, immediate family and similar concepts, when they relate to leave, shall control in all matters involving an individual’s right to leave. The FMLA provides that all eligible teachers who meet the requirements of the Act may be granted a total of twelve (12) weeks of unpaid family leave and paid sick, vacation and personal leave combined for the following reasons:
Family and Medical Leave Act of 1993. 1. Upon proper and timely application, an eligible Employee will be granted a qualified leave of absence as required under the Family and Medical Leave Act of 1993 (29USC 2601) for a total period of up to twelve weeks per year.
2. A fiscal year (July 1‐June 30) twelve month period will be utilized in all cases by the Board in assessing the amount of time an eligible Employee has available for leave under the act.
3. The Board may require an Employee to utilize available paid time (i.e. paid time off days, vacation, etc.). An Employee may elect to retain a balance of five (5) days in their bank and the Board cannot require the use of those five (5) days.
4. In general, intermittent and reduced schedules will not be approved absent mutual agreement between the Employee and the Board. Proper consideration when medically necessary will be given as required by law in such instances and alternate assignment(s) may be instituted by the Board.
5. In the event an Employee and his/her spouse are employed by the District, whether with or outside of the bargaining unit, an aggregate of twelve (12) weeks will be provided, unless the leave time is attributable to a serious health condition that makes the Employee unable to perform the functions of his/her position. In such instances, the total amount of time for each spouse will not exceed twelve (12) weeks for all leaves covered by the act.
6. Insurance benefit payments will continue for an Employee absent on a qualified leave under this section. Employee contributions will remain in effect.
7. In the event this article or other portions of this agreement extend greater benefits to an eligible Employee in relationship to qualified leaves, the provisions of the agreement shall prevail.
8. The following general provisions will apply to all leaves of absence under this section:
a. While on Family Medical Leave, seniority shall accrue.
b. Where leaves of absences are foreseeable, Employees are required to provide at least thirty (30) calendar day notice and if not foreseeable, as soon as possible to the Office of Human Resources.
Family and Medical Leave Act of 1993. The parties agree to abide by the provisions of the Federal Family and Medical Leave Act of 1993. The Family Leave Act of 1993 shall not diminish the leave of absence rights and benefits under this agreement where it provides greater rights and benefits than the Family Leave Act. To the extent that the Family Leave Act mandates leave rights and benefits in excess of those provided in this agreement, those excess leave of absence rights and benefits shall be accorded to teachers eligible therefore under the Act and regulations issued pursuant to it. Each party shall retain all rights accorded to them by the FMLA.
