Common use of Family and Medical Leave Act of 1993 Clause in Contracts

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.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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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.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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Family and Medical Leave Act of 1993. 9.9.1 An eligible teacher is entitled to use There are several provisions within the Master Contract which are affected by the Family and Medical Leave Act of 1993 (“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 extent permitted Act. Questions regarding the interpretation, administration, and application of the Act to eligible teachers shall be resolved by lawreliance 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 entitles provides that all eligible teachers to take unpaid, job-protected leave for specified family and medical reasons with continuation who meet the requirements 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 Act may be granted a total of leave in a twelve (12) month period forweeks of unpaid family leave and paid sick, vacation and personal leave combined for the following reasons: 9.9.1.1.1 The A. For the birth of a child and to care for the newborn child within one (1) year of birth; 9.9.1.1.2 The such child, or 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 placementa child; 9.9.1.1.3 B. To care for the teacher’s a spouse, child, child or parent who has with a serious health condition;; or 9.9.1.1.4 A C. For a serious health condition of the teacher 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 job functions. The term 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 year” shall be defined as a rolling twelve (12) month 12)-month period measured backward from the date the a teacher intends to begin to use uses any leave. A teacher is eligible for 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 only if employed at least twelve (12) month months with the Shawnee Public School District, and for at least 1,250 hours of service during the twelve (12)-month period but unused before the leave is requested. FMLA may not leave shall be “carried over” integrated with other paid and unpaid leave to subsequent which the teacher is entitled. This means that a teacher shall utilize his or her paid sick, vacation and personal leave before being placed on unpaid FMLA leave. In those instances, in which an individual qualifies for an extended leave for a reason other than academic study, any period of unpaid leave shall be counted toward fulfillment of the one-year extended leave. Extended leave shall be available to individuals covered by this agreement one time only. Where a teacher’s spouse is also employed by the District, the total number of work weeks of the FMLA leave to which both spouses are entitled is limited to twelve (12) month periods. 9.9.3 FMLA work weeks during a year if such leave shall run concurrently with qualifying paid and unpaid leaves under this Agreement.is for the birth of a child or to care for a child or for placement for adoption or xxxxxx care of a child. (2021)

Appears in 2 contracts

Samples: Master Contract, Master Contract

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