Common use of Family and Medical Leave (FMLA Clause in Contracts

Family and Medical Leave (FMLA. An employee who has worked twelve hundred fifty (1250) hours or more during the twelve (12) month period preceding the commencement of the leave shall have the right to take Family and Medical Leave according to the terms of Board Policy Number 3.03 which is incorporated into this Agreement. FMLA leave entitles the employee to have up to twelve (12) work weeks of unpaid leave for the birth or care of a child, the adoption or xxxxxx care of a child, the care of a spouse, son, daughter, or parent if such individual has a serious health condition or for the employee's serious health condition which disables him/her from performing the functions of his/her position. To the extent that provisions of the FMLA leave are covered by other leaves provided in the negotiated agreement or other Board-approved documents, the twelve (12) weeks of leave and benefit coverage under the FMLA leave policy shall run concurrently with other existing benefits. In the case of parental leave, paid sick leave is limited to eight (8) weeks and must end no later than twelve (12) weeks following delivery or receipt of custody unless medical complications require longer use of sick leave. Although FMLA leave is available for the birth, adoption or xxxxxx care of a child, an employee shall be required to take FMLA leave concurrent with other leaves available under the negotiated agreement for prenatal care pregnancy, illness associated with pregnancy, court appearances, or other circumstances related to the adoption of a child or placement of a xxxxxx child. The Board of Education shall pay its share of the fringe benefit package to any eligible employee who is granted a parental leave for any portion of the twelve (12) week period not used under any other leave provision within the negotiated agreement. The District will use the applicable Department of Labor FMLA-related forms for the process. This provision satisfies the Board's notice requirement under FMLA.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Family and Medical Leave (FMLA. An eligible employee who has worked twelve hundred fifty (1250) 1250 hours or more during the twelve (12) twelve-month period preceding the commencement of the leave shall have the right to take Family and Medical Leave according to the terms of Board Policy Number 3.03 which is incorporated into this Agreement. FMLA leave entitles the eligible employee to have up to twelve (12) work weeks of unpaid leave for the birth or care of a child, the adoption or xxxxxx care of a child, the care of a spouse, son, daughter, daughter or parent if such individual has a serious health condition or for the employee's ’s serious health condition which disables him/her from performing the functions of his/her position. To the extent that provisions of the FMLA leave are covered by other leaves provided in the negotiated agreement or other Board-approved documents, the twelve (12) weeks of leave and benefit coverage under the FMLA leave policy shall run concurrently with other existing benefits. In the case of parental leave, paid sick leave is limited to eight (8) weeks and must end no later than twelve (12) weeks following delivery or receipt of custody unless medical complications require longer use of sick leave. Although FMLA leave is available for the birth, adoption adoption, or xxxxxx care of a child, an eligible employee shall be required to take FMLA leave concurrent with other leaves available under the negotiated agreement for prenatal care care, pregnancy, illness associated with pregnancy, court appearances, appearances or other circumstances related to the adoption of a child or placement of a xxxxxx child. The Board of Education shall pay its share of the fringe benefit package to any eligible employee who is granted a parental leave for any portion of the twelve (12) week period not used under any other leave provision within the negotiated agreement. The District district will use the applicable Department of Labor FMLA-related forms for the process. In the case of parental leave, paid sick leave is limited to eight (8) weeks and must end no later than twelve (12) weeks following delivery or receipt of custody unless medical complications require longer use of sick leave. This provision satisfies shall satisfy the Board's notice requirement requirements under the FMLA.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Family and Medical Leave (FMLA. An employee who has worked Up to the first twelve hundred fifty (125012) hours weeks of all disability leaves of absence, maternity/paternity leaves, and extended sick leave commencing on or more during after November 1, 1993 will concurrently be treated as leave of absence required by the Family Medical Leave Act (FMLA). Employees are required to first use any accrued paid leave (sick leave, vacation, personal leave, etc.) for part of the twelve (12) month period preceding the commencement of the leave shall have the right to take Family and Medical Leave according to the terms of Board Policy Number 3.03 which is incorporated into this Agreementweek period. Any remaining FMLA leave entitles will be unpaid leave. To be eligible an employee must have worked for the employee to have up to Employer 1,250 hours of work during the previous twelve (12) work weeks months (which must be consecutive) and at least 12 months of unpaid employment. Employees shall be entitled to FMLA leave for one or more of the following: (A) Because of the birth or care of a child, son or daughter of the employee and in order to care for such son or daughter. (B) Because of the placement of a son or daughter with the employee for adoption or xxxxxx care. (C) In order to care for the spouse, or a son, daughter, or parent, of a childthe employee, the care of a if such spouse, son, daughter, or parent if such individual has a serious health condition or for the employee's condition. (D) Because of a serious health condition which disables him/her from performing that makes the employee unable to perform the functions of his/her positionthe position of such employee. To If a husband and wife are both employed by the extent that provisions Employer they will be eligible for a combined total of the FMLA leave are covered by other leaves provided in the negotiated agreement or other Board-approved documents, the twelve (12) weeks of leave and benefit coverage under the FMLA leave policy shall run concurrently with other existing benefitsof absence due to birth, adoption, xxxxxx care or caring for a sick parent. In Each of the case of parental leave, paid sick leave is limited spouses would be eligible for up to eight (8) weeks and must end no later than twelve (12) weeks following delivery leave when it is taken to care for a sick spouse/child or receipt of custody unless medical complications require longer use of sick leaveis due to the employee’s own illness. Although Employees are eligible to continue health care coverages while on FMLA leave is available for the birth, adoption or xxxxxx care of a child, an employee shall leaves. Employees will be required to take FMLA leave concurrent with other leaves available under continue making any monthly contributions for coverages continued during the negotiated agreement for prenatal care pregnancy, illness associated with pregnancy, court appearances, or other circumstances related to the adoption of a child or placement of a xxxxxx childleaves. The Board of Education shall pay Employer can recover its share of contributions for continuation of health care coverages if the fringe benefit package employees do not return to any eligible employee who is granted work for a parental leave for any portion reason other than the serious health condition of the twelve (12) week period not used under any other employee or the employee’s immediate family member or another reason beyond the employee’s control. Employees must give the Employer 30 days notice prior to leaves where practical. In addition, the Employer may require employees to submit certification from a health care provider to substantiate that a leave provision within is due to the negotiated agreement. The District will use serious health condition of the applicable Department of Labor FMLA-related forms for employee or the process. This provision satisfies the Board's notice requirement under FMLAemployee’s immediate family member.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Family and Medical Leave (FMLA. An employee 13 In accordance with the FMLA, full time employees (employees who has work at least seven and one half (7.5) 14 hours per day and at least 180 days per year), who have also worked twelve hundred fifty for the District at least one (12501) hours or more during year in 15 the twelve (12) month period preceding the commencement of the leave year shall have the right be entitled to take Family and Medical Leave according to the terms of Board Policy Number 3.03 which is incorporated into this Agreement. FMLA leave entitles the employee to have up to twelve (12) 12 work weeks of unpaid FMLA leave during any 12-month period for 16 the birth following: 18 A. To care for a newborn or adopted child of the employee who is under the age of 18 at the time 19 of placement for adoption, or a newly placed xxxxxx child; 21 B. To care of a child, the adoption or xxxxxx care of a child, the care of for a spouse, sondomestic partner, daughter, parent or parent if such individual child of the employee who has a serious health condition or for the employee's serious 22 condition; or 24 C. For a personal health condition which disables him/if it renders the employee unable to perform his or her from performing the functions of his/her positionjob. To the extent that provisions of the 26 FMLA leave are covered by other leaves provided in the negotiated agreement or other Board-approved documents, the twelve (12) weeks of leave and benefit coverage under the FMLA leave policy shall run concurrently with other existing benefitsall applicable paid leave time available to the employee. In 28 Leave taken to care for a newborn, newly placed xxxxxx child, or adopted child shall be completed within one 29 (1) year after the case date of parental birth or placement. FMLA leave authorized under this policy must be taken full time 30 and consecutively unless an alternative schedule is approved by the Human Resources Department or where 31 intermittent or reduced leave is medically necessary. Instructional staff may not take reduced or intermittent 32 leave without the approval of the Director of Human Resources. An instructional employee may be transferred 33 to an alternative equivalent position that would accommodate reduced or intermittent leave, paid if such a position 34 is available. Employees may access their own available sick leave is limited during their approved FMLA to eight (8) weeks care for a 35 newborn, newly placed xxxxxx child, or adopted child. 37 The District will continue to pay its portion of the employee’s medical and must end no later than twelve (12) weeks following delivery or receipt of custody unless medical complications require longer use of sick dental benefit during approved 38 FMLA leave. Although FMLA leave is available for the birth, adoption or xxxxxx care 39 40 If both parents of a newborn, newly placed xxxxxx child, an employee or newly adopted child are employed by the school 41 district, they shall be entitled to a total of 12 work weeks of Family Leave during any 12-month period, and 42 leave shall be granted to only one (1) parent at a time. Spouses will not be required to take combine their FMLA 43 entitlements if taking FMLA leave concurrent with other leaves available under the negotiated agreement for prenatal care pregnancy, illness associated with pregnancy, court appearances, or other circumstances related to their own serious health condition. 45 The Human Resources Department shall require written verification from the adoption of a child or placement of a xxxxxx child. The Board of Education shall pay its share of the fringe benefit package to any eligible employee who is granted a parental leave for any portion of the twelve (12) week period not used under any other leave provision within the negotiated agreement. The District will use the applicable Department of Labor FMLA-related forms for the process. This provision satisfies the Boardemployee's notice requirement under FMLAhealth care provider.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Family and Medical Leave (FMLA. An employee A. Under the federal amily Medical Leave Act ('FMLA") and/or California amily Rights Act (''C RA"), an unpaid leave of absence may be granted to employees who has have worked twelve hundred fifty (1250) hours or more during for the Law Library for at least twelve (12) month period months, a minimum of 1,250 hours in the 12 months preceding the commencement leave, and who are employed at a work site where SO or more employees are employed by the Law Library within 75 miles of the that work site. Such employees may be eligible for a leave shall where they have the right a bona fide need to take Family and Medical Leave according to the terms of Board Policy Number 3.03 which is incorporated into this Agreement. FMLA leave entitles the employee to have up to twelve (12) work weeks of unpaid leave care for a seriously ill parent, spouse or child, or for the birth or care adoption of a child, or the adoption or xxxxxx care of a child, the care of a spouse, son, daughter, or parent if such individual has a serious health condition or for the employee's serious health condition which disables him/her from performing the functions of his/her position. To the extent that provisions of the FMLA leave are covered by other leaves provided in the negotiated agreement or other Board-approved documents, the twelve (12) weeks of leave and benefit coverage under the FMLA leave policy shall run concurrently with other existing benefits. In the case of parental leave, paid sick leave is limited to eight (8) weeks and must end no later than twelve (12) weeks following delivery or receipt of custody unless medical complications require longer use of sick leave. Although FMLA leave is available for the birth, adoption or xxxxxx care of a child, an employee shall be required to take FMLA leave concurrent with other leaves available under the negotiated agreement for prenatal care pregnancy, illness associated with pregnancy, court appearances, or other circumstances related to the adoption of a child or placement of a xxxxxx child. In addition, eligible employees may be granted an unpaid leave of absence caused by their own serious health condition which prevents them from working. Eligible employees may qualify for Military Caregiver Leave or Military Qualifying Exigency Leave under the MLA, as defined below. All leaves under this policy are referred to as "Medical or amily Care LOA." Unless stated otherwise, the maximum allowable time for any Medical or Family Care LOA under this policy is 12 weeks per a rolling 12-month period. Where possible, Medical or Family Care LOAs under both FMLA and C RA will run concurrently. B. Employee Notice C. Law Library Notice Once an employee provides sufficient information, the Law Library will notify the employee (a) whether he or she is eligible for Medical or Family Care LOA and, if so, (b) whether any additional information is required, and (c) the employee's rights and responsibilities regarding such a leave. The Board of Education shall pay its share of the fringe benefit package to any Law Library will also notify an eligible employee who has requested Medical or Family Care LOA if the requested leave will be designated as FMLA/CFRA protected leave and counted against the employee1s leave entitlement. If the Law Library determines an employee is granted a parental leave not eligible for any portion of Medical or Family Care LOA, the twelve (12) week period not used under any other leave provision within the negotiated agreementLaw Library will provide at least one reason for ineligibility. The District Law Library will use also inform the applicable Department employee if it determines that the requested leave does not qualify for FMLA/CFRA protection. Employees not eligible for a Medical or Family Care LOA may be eligible for an unpaid leave of Labor FMLAabsence due their own disability or medical condition, which will be assessed by the Law Library on a case-related forms for by-case basis. The Law Library cannot guarantee reinstatement to employment at the process. This provision satisfies the Board's notice requirement under FMLAconclusion of such a leave.

Appears in 1 contract

Samples: Memorandum of Understanding

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