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

Family and Medical Leave (FMLA. The Board and employees shall have whatever rights, duties, discretion, and responsibilities as set forth in the Family and Medical Leave Act (FMLA) of 1993 (29 U.S.C. §2601, et seq.) as is or may be amended, under Section 3430.01 of the Bylaws and Policies of Brookville Local Schools, and in accordance with the following provisions: 1. To be eligible for FMLA leave, teachers must have been continuously employed for at least one (1) year and have either: (a) worked for at least 1250 hours during the 12- month period immediately preceding the date of the teacher’s request; or (b) have been employed under a regular teaching contract during the 12-month period immediately preceding the date of the teacher’s request. 2. FMLA leave may be taken for the following reasons: a. The birth and care of a newborn child; b. Placement of a child for adoption or xxxxxx care with the teacher; c. To care for an immediate family member (spouse, child, or parent) with serious health condition; d. When the teacher is unable to work because of a serious health condition; or e. Any other reason expressly provided for in the FMLA. 3. No more than twelve (12) weeks of FMLA leave will be granted in any 12-month period. 4. For purposes of determining the "12-month period" in “3” above in which an eligible employee is entitled to twelve (12) weeks of leave, said 12-month period shall be a "rolling" 12-month period measured forward from the date an employee first uses FMLA leave. 5. When the need for FMLA leave is foreseeable, the teacher must provide thirty (30) days advance notice by requesting leave in writing. When thirty (30) day notice is not possible, the teacher must provide notice as soon as possible under the circumstances. 6. The teacher must provide sufficient information to demonstrate that the request for leave qualifies for FMLA protection, including the anticipated timing and duration of the leave. Sufficient information may include the nature of the illness, the extent to which a family member is in need of care, and/or other facts supporting the need for leave. If the Board believes the teacher has provided insufficient information, the teacher will be notified of the additional information necessary and provided sufficient time to supply the additional information requested. 7. Once it has been determined that the teacher’s situation qualifies for FMLA leave, the teacher must concurrently use any accrued, paid sick leave under this Agreement as FMLA leave. If the employee does not meet the requirements for paid leave, the employee will still be entitled to FMLA leave, subject to the requirements in this Agreement. After FMLA leave entitlement has been exhausted or expires, the teacher will be entitled to any additional paid or unpaid leave provided for in this Agreement. 8. An employee on FMLA leave shall, at not less than two-week intervals, report to the Superintendent the employee’s status and intent to return to work. 9. An employee who takes FMLA leave shall continue to participate in the Board's group insurance program during the leave on the same terms and conditions that would have applied had no leave been taken. The premium portion payable by the employee is due on the first day of the month in advance. Upon expiration of FMLA leave, the employee may continue dental and/or hospital insurance by making payments in accordance with COBRA regulations; to continue to be enrolled in the life insurance plan, the employee must pay the entire premium each month. 10. If the teacher is requesting intermittent leave or reduced schedule leave due to a serious medical condition, the request must be supported by a medical certification as to the necessity and expected duration of the leave. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the school district’s operations. When an employee is required to provide a certificate from a health care provider, the required form will be available in the Superintendent’s office. The Board may require the teacher to transfer, for the duration of any period of intermittent or reduced schedule leave, to an equivalent position that better accommodates the proposed intermittent or reduced leave schedule, if such a position exists within the teacher’s area of certification. 11. An employee that is on FMLA leave due to his/her own serious health condition which made the employee unable to perform his/her job duties may not return to work without furnishing a certification from the employee's health care provider that the employee is able to resume work. Upon request by the administration, and at the Board's expense, an employee shall present himself/herself to a physician, who is paid by the Board, for a physical or mental examination. The employee may choose the physician to conduct such independent examination from any physician included in the "network" for the Board's group insurance plan; provided, however, that the employee may not choose a physician who has previously seen the employee as a patient. If the opinion of the employee's physician and the opinion of the Board-paid physician differ, the administration may require a third opinion, again at the Board's expense, from a third physician mutually agreed upon by the first two physicians. The third opinion shall be final and binding. 12. Upon expiration of FMLA leave, the employee shall be assigned to the same position held before taking leave, if the position is available; if not, the employee will be assigned to a similar position. An employee who does not return to work upon the expiration of FMLA leave shall have his/her employment terminated.

Appears in 3 contracts

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

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Family and Medical Leave (FMLA. The Employer shall comply with the provisions of the Family and Medical Leave Act (FMLA). This Act entitles eligible employees with qualifying circumstances to unpaid leave of absence from work for up to 12 weeks (special provisions apply for Military families). Employees are eligible for FMLA if they’ve been employed by the District for twelve (12) months and have worked at least 1250 hours over the twelve (12) month period. There are three basic reasons for FMLA leave: 1) Birth or adoption of a child, 2) the serious health condition of an employee’s spouse, child or parent (not parent-in-law), and 3) an employee’s own serious health condition. Employees must contact the Human Resources department as soon as it is known that a medical leave of absence may extend beyond 5 workdays. FMLA leave requests should be made 30 days in advance where the need for leave is foreseeable. Intermittent FMLA leave may not be taken due to the birth or placement of a child. Supporting medical documentation will be required to process all FMLA leave requests. According to Southern Lehigh School District policy #535, FMLA leave runs concurrent with sick leave benefits and begins on the earlier of the following: ● the first day of any absence that has a duration of five (5) or more days that is due to a serious health condition that makes the employee unable to perform the regular duties of his/her job, or ● the first day of FMLA leave as requested by the employee and approved by the District, or ● the date determined by the District to be the first day of paid or unpaid absence by the employee immediately prior to the employee’s formal request for FMLA leave when the employee’s absence is in connection with the same FMLA eligible reason for which the request is made. The calculation of the FMLA leave year (12 month period) shall be determined on a rolling 12 month period measured backward from the date the leave is first requested and/or used by the employee, in accordance with School Board policy. Childbearing leave shall commence at such a time as determined by the Employee’s attending physician. Notification of intent to begin Childbearing leave shall be provided to the office of the Superintendent or his/her designee no less than 60 days prior to the anticipated effective date of delivery or leave. Employees shall be required to use any sick time accumulated (Employee Sick and Family Sick) for the pregnancy related disability until it exhausts or the disability period ends, whichever is the earlier. Upon conclusion of a childbearing disability leave period, the Employee may elect to return to work or take unpaid Childrearing leave. An Employee who is expecting the birth of a child, or who expects to adopt a child shall be eligible for Childrearing Leave. Notification of intent to begin Childrearing leave shall be provided to the office of the Superintendent or his/her designee no less than 60 days prior to the anticipated effective date of leave. Employees who work at least five (5) hours per day and/or twenty-five (25) or more hours per week shall be eligible for a Childbearing and Childrearing leave of absence not to exceed six (6) continuous calendar months following the birth or placement of a child as in adoption. Childrearing leave shall be unpaid and commence immediately following the Employee’s childbearing disability period, or in the case where an Employee’s spouse has delivered a child, on the day of the child’s birth, or in the case of adoption, on the day of adoption. Any period of break in the Employee’s work year (i.e. holiday or summer) shall have no effect and not extend this six-month leave benefit. Employees who work at least three (3) hours per day and/or fifteen (15) or more hours per week shall be eligible for a Childbearing & Childrearing leave of absence not to exceed three (3) continuous calendar months following the birth or placement of a child as in adoption. Childrearing leave shall be unpaid and commence immediately following the Employee’s childbearing disability period, or in the case where an Employee’s spouse has delivered a child, on the day of the child’s birth, or in the case of adoption, on the day of adoption. Any period of break in the Employee’s work year (i.e. holiday or summer) shall have no effect and not extend this three-month leave benefit. For the purposes of Childbearing and Childrearing leave, in the event that both spouses are Employees of the District, they will be limited to a combined total of six (6) months of leave for the birth of a child or for placement with them of a child for adoption. Approval of a request for unpaid Childrearing leave shall be reflected upon the minutes of the Board and employees shall have whatever rightsspecify the period of the leave. An Employee who has been granted an unpaid Childrearing leave and who wishes to end the leave period earlier than was originally approved may request approval of an earlier end date. A request seeking an earlier ending date must be made to the office of the Superintendent or his/her designee at least ten (10) work days prior to the Employee’s new potential return to work date. At the conclusion of the leave, dutiesthe Employer shall reinstate the Employee to the position held prior to the leave, discretionif available, or to a substantially equal position within the same job classification. Employees on an unpaid Childrearing leave shall not be considered to be active Employees during the period of the leave and responsibilities shall not be eligible for any paid leave benefits, which are granted active employees. During the period of the leave, Employees shall not accrue paid leave benefits or seniority. The Employer shall provide continued coverage of insurance benefits (life, disability, EAP, medical/health) to eligible Employees through the end of the month during which the Childbearing leave disability ends. Employees eligible for health insurance and granted Childrearing leave may be allowed to remain a member of district group insurance plans during the leave at their own expense, subject to approval of the carrier(s), so long as set forth their request to remain a member of the plans is received prior to beginning of the childrearing leave. Because the district pays premiums one month in advance, the employee must submit monthly premium payments to the Business Office within thirty days (30) of receiving an invoice for each premium payment. Vision care reimbursement provisions do not apply while Employees are on unpaid Childrearing leave. The parties of this agreement agree to abide by all existing federal and state laws with regard to the Family and Medical Leave Act (FMLA) of 1993 (29 U.S.C. §2601, et seqand military leave provisions.) as is or may be amended, under Section 3430.01 of the Bylaws and Policies of Brookville Local Schools, and in accordance with the following provisions: 1. To be eligible for FMLA leave, teachers must have been continuously employed for at least one (1) year and have either: (a) worked for at least 1250 hours during the 12- month period immediately preceding the date of the teacher’s request; or (b) have been employed under a regular teaching contract during the 12-month period immediately preceding the date of the teacher’s request. 2. FMLA leave may be taken for the following reasons: a. The birth and care of a newborn child; b. Placement of a child for adoption or xxxxxx care with the teacher; c. To care for an immediate family member (spouse, child, or parent) with serious health condition; d. When the teacher is unable to work because of a serious health condition; or e. Any other reason expressly provided for in the FMLA. 3. No more than twelve (12) weeks of FMLA leave will be granted in any 12-month period. 4. For purposes of determining the "12-month period" in “3” above in which an eligible employee is entitled to twelve (12) weeks of leave, said 12-month period shall be a "rolling" 12-month period measured forward from the date an employee first uses FMLA leave. 5. When the need for FMLA leave is foreseeable, the teacher must provide thirty (30) days advance notice by requesting leave in writing. When thirty (30) day notice is not possible, the teacher must provide notice as soon as possible under the circumstances. 6. The teacher must provide sufficient information to demonstrate that the request for leave qualifies for FMLA protection, including the anticipated timing and duration of the leave. Sufficient information may include the nature of the illness, the extent to which a family member is in need of care, and/or other facts supporting the need for leave. If the Board believes the teacher has provided insufficient information, the teacher will be notified of the additional information necessary and provided sufficient time to supply the additional information requested. 7. Once it has been determined that the teacher’s situation qualifies for FMLA leave, the teacher must concurrently use any accrued, paid sick leave under this Agreement as FMLA leave. If the employee does not meet the requirements for paid leave, the employee will still be entitled to FMLA leave, subject to the requirements in this Agreement. After FMLA leave entitlement has been exhausted or expires, the teacher will be entitled to any additional paid or unpaid leave provided for in this Agreement. 8. An employee on FMLA leave shall, at not less than two-week intervals, report to the Superintendent the employee’s status and intent to return to work. 9. An employee who takes FMLA leave shall continue to participate in the Board's group insurance program during the leave on the same terms and conditions that would have applied had no leave been taken. The premium portion payable by the employee is due on the first day of the month in advance. Upon expiration of FMLA leave, the employee may continue dental and/or hospital insurance by making payments in accordance with COBRA regulations; to continue to be enrolled in the life insurance plan, the employee must pay the entire premium each month. 10. If the teacher is requesting intermittent leave or reduced schedule leave due to a serious medical condition, the request must be supported by a medical certification as to the necessity and expected duration of the leave. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the school district’s operations. When an employee is required to provide a certificate from a health care provider, the required form will be available in the Superintendent’s office. The Board may require the teacher to transfer, for the duration of any period of intermittent or reduced schedule leave, to an equivalent position that better accommodates the proposed intermittent or reduced leave schedule, if such a position exists within the teacher’s area of certification. 11. An employee that is on FMLA leave due to his/her own serious health condition which made the employee unable to perform his/her job duties may not return to work without furnishing a certification from the employee's health care provider that the employee is able to resume work. Upon request by the administration, and at the Board's expense, an employee shall present himself/herself to a physician, who is paid by the Board, for a physical or mental examination. The employee may choose the physician to conduct such independent examination from any physician included in the "network" for the Board's group insurance plan; provided, however, that the employee may not choose a physician who has previously seen the employee as a patient. If the opinion of the employee's physician and the opinion of the Board-paid physician differ, the administration may require a third opinion, again at the Board's expense, from a third physician mutually agreed upon by the first two physicians. The third opinion shall be final and binding. 12. Upon expiration of FMLA leave, the employee shall be assigned to the same position held before taking leave, if the position is available; if not, the employee will be assigned to a similar position. An employee who does not return to work upon the expiration of FMLA leave shall have his/her employment terminated.

Appears in 1 contract

Samples: Wage & Benefit Agreement

Family and Medical Leave (FMLA. The Employer shall comply with the provisions of the Family and Medical Leave Act (FMLA). This Act entitles eligible employees with qualifying circumstances to unpaid leave of absence from work for up to 12 weeks (special provisions apply for Military families). Employees are eligible for FMLA if they’ve been employed by the District for twelve (12) months and have worked at least 1250 hours over the twelve (12) month period. There are three basic reasons for FMLA leave: 1) Birth or adoption of a child, 2) the serious health condition of an employee’s spouse, child or parent (not parent-in-law), and 3) an employee’s own serious health condition. Employees must contact the Human Resources department as soon as it is known that a medical leave of absence may extend beyond 5 workdays. FMLA leave requests should be made 30 days in advance where the need for leave is foreseeable. Intermittent FMLA leave may not be taken due to the birth or placement of a child. Supporting medical documentation will be required to process all FMLA leave requests. According to Southern Lehigh School District policy #535, FMLA leave runs concurrent with sick leave benefits and begins on the earlier of the following: ● the first day of any absence that has a duration of five (5) or more days that is due to a serious health condition that makes the employee unable to perform the regular duties of his/her job, or ● the first day of FMLA leave as requested by the employee and approved by the District, or ● the date determined by the District to be the first day of paid or unpaid absence by the employee immediately prior to the employee’s formal request for FMLA leave when the employee’s absence is in connection with the same FMLA eligible reason for which the request is made. The calculation of the FMLA leave year (12 month period) shall be determined on a rolling 12 month period measured backward from the date the leave is first requested and/or used by the employee, in accordance with School Board policy. Xxxxxxxxxxxx leave shall commence at such a time as determined by the Employee’s attending physician. Notification of intent to begin Xxxxxxxxxxxx leave shall be provided to the office of the Superintendent or his/her designee no less than 60 days prior to the anticipated effective date of delivery or leave. Employees shall be required to use any sick time accumulated (Employee Sick and Family Sick) for the pregnancy related disability until it exhausts or the disability period ends, whichever is the earlier. Upon conclusion of a childbearing disability leave period, the Employee may elect to return to work or take unpaid Childrearing leave. An Employee who is expecting the birth of a child, or who expects to adopt a child shall be eligible for Childrearing Leave. Notification of intent to begin Childrearing leave shall be provided to the office of the Superintendent or his/her designee no less than 60 days prior to the anticipated effective date of the leave. Employees who work at least five (5) hours per day and/or twenty-five (25) or more hours per week shall be eligible for a Childbearing and Childrearing leave of absence not to exceed six (6) continuous calendar months following the birth or placement of a child as in adoption. Childrearing leave shall be unpaid and commence immediately following the Employee’s childbearing disability period, or in the case where an Employee’s spouse has delivered a child, on the day of the child’s birth, or in the case of adoption, on the day of adoption. Any period of break in the Employee’s work year (i.e. holiday or summer) shall have no effect and not extend this six-month leave benefit. Employees who work at least three (3) hours per day and/or fifteen (15) or more hours per week shall be eligible for a Childbearing & Childrearing leave of absence not to exceed three (3) continuous calendar months following the birth or placement of a child as in adoption. Childrearing leave shall be unpaid and commence immediately following the Employee’s childbearing disability period, or in the case where an Employee’s spouse has delivered a child, on the day of the child’s birth, or in the case of adoption, on the day of adoption. Any period of break in the Employee’s work year (i.e. holiday or summer) shall have no effect and not extend this three-month leave benefit. For the purposes of Childbearing and Childrearing leave, in the event that both spouses are Employees of the District, they will be limited to a combined total of six (6) months of leave for the birth of a child or for placement with them of a child for adoption. Approval of a request for unpaid Childrearing leave shall be reflected upon the minutes of the Board and employees shall have whatever rightsspecify the period of the leave. An Employee who has been granted an unpaid Childrearing leave and who wishes to end the leave period earlier than was originally approved may request approval of an earlier end date. A request seeking an earlier ending date must be made to the office of the Superintendent or his/her designee at least ten (10) work days prior to the Employee’s new potential return to work date. At the conclusion of the leave, dutiesthe Employer shall reinstate the Employee to the position held prior to the leave, discretionif available, or to a substantially equal position within the same job classification. Employees on an unpaid Childrearing leave shall not be considered to be active Employees during the period of the leave and responsibilities shall not be eligible for any paid leave benefits which are granted active employees. During the period of the leave, Employees shall not accrue paid leave benefits or seniority. The Employer shall provide continued coverage of insurance benefits (life, disability, EAP, medical/health) to eligible Employees through the end of the month during which the Childbearing leave disability ends. Employees eligible for health insurance and granted Childrearing leave may be allowed to remain a member of district group insurance plans during the leave at their own expense, subject to approval of the carrier(s), so long as set forth their request to remain a member of the plans is received prior to beginning of the childrearing leave. Because the district pays premiums one month in advance, the employee must submit monthly premium payments to the Business Office within thirty days (30) of receiving an invoice for each premium payment. Vision care reimbursement provisions do not apply while Employees are on unpaid Childrearing leave. The parties of this agreement agree to abide by all existing federal and state laws with regard to the Family and Medical Leave Act (FMLA) of 1993 (29 U.S.C. §2601, et seqand military leave provisions.) as is or may be amended, under Section 3430.01 of the Bylaws and Policies of Brookville Local Schools, and in accordance with the following provisions: 1. To be eligible for FMLA leave, teachers must have been continuously employed for at least one (1) year and have either: (a) worked for at least 1250 hours during the 12- month period immediately preceding the date of the teacher’s request; or (b) have been employed under a regular teaching contract during the 12-month period immediately preceding the date of the teacher’s request. 2. FMLA leave may be taken for the following reasons: a. The birth and care of a newborn child; b. Placement of a child for adoption or xxxxxx care with the teacher; c. To care for an immediate family member (spouse, child, or parent) with serious health condition; d. When the teacher is unable to work because of a serious health condition; or e. Any other reason expressly provided for in the FMLA. 3. No more than twelve (12) weeks of FMLA leave will be granted in any 12-month period. 4. For purposes of determining the "12-month period" in “3” above in which an eligible employee is entitled to twelve (12) weeks of leave, said 12-month period shall be a "rolling" 12-month period measured forward from the date an employee first uses FMLA leave. 5. When the need for FMLA leave is foreseeable, the teacher must provide thirty (30) days advance notice by requesting leave in writing. When thirty (30) day notice is not possible, the teacher must provide notice as soon as possible under the circumstances. 6. The teacher must provide sufficient information to demonstrate that the request for leave qualifies for FMLA protection, including the anticipated timing and duration of the leave. Sufficient information may include the nature of the illness, the extent to which a family member is in need of care, and/or other facts supporting the need for leave. If the Board believes the teacher has provided insufficient information, the teacher will be notified of the additional information necessary and provided sufficient time to supply the additional information requested. 7. Once it has been determined that the teacher’s situation qualifies for FMLA leave, the teacher must concurrently use any accrued, paid sick leave under this Agreement as FMLA leave. If the employee does not meet the requirements for paid leave, the employee will still be entitled to FMLA leave, subject to the requirements in this Agreement. After FMLA leave entitlement has been exhausted or expires, the teacher will be entitled to any additional paid or unpaid leave provided for in this Agreement. 8. An employee on FMLA leave shall, at not less than two-week intervals, report to the Superintendent the employee’s status and intent to return to work. 9. An employee who takes FMLA leave shall continue to participate in the Board's group insurance program during the leave on the same terms and conditions that would have applied had no leave been taken. The premium portion payable by the employee is due on the first day of the month in advance. Upon expiration of FMLA leave, the employee may continue dental and/or hospital insurance by making payments in accordance with COBRA regulations; to continue to be enrolled in the life insurance plan, the employee must pay the entire premium each month. 10. If the teacher is requesting intermittent leave or reduced schedule leave due to a serious medical condition, the request must be supported by a medical certification as to the necessity and expected duration of the leave. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the school district’s operations. When an employee is required to provide a certificate from a health care provider, the required form will be available in the Superintendent’s office. The Board may require the teacher to transfer, for the duration of any period of intermittent or reduced schedule leave, to an equivalent position that better accommodates the proposed intermittent or reduced leave schedule, if such a position exists within the teacher’s area of certification. 11. An employee that is on FMLA leave due to his/her own serious health condition which made the employee unable to perform his/her job duties may not return to work without furnishing a certification from the employee's health care provider that the employee is able to resume work. Upon request by the administration, and at the Board's expense, an employee shall present himself/herself to a physician, who is paid by the Board, for a physical or mental examination. The employee may choose the physician to conduct such independent examination from any physician included in the "network" for the Board's group insurance plan; provided, however, that the employee may not choose a physician who has previously seen the employee as a patient. If the opinion of the employee's physician and the opinion of the Board-paid physician differ, the administration may require a third opinion, again at the Board's expense, from a third physician mutually agreed upon by the first two physicians. The third opinion shall be final and binding. 12. Upon expiration of FMLA leave, the employee shall be assigned to the same position held before taking leave, if the position is available; if not, the employee will be assigned to a similar position. An employee who does not return to work upon the expiration of FMLA leave shall have his/her employment terminated.

Appears in 1 contract

Samples: Wage & Benefit Agreement

Family and Medical Leave (FMLA. The Board and employees Employer shall have whatever rights, duties, discretion, and responsibilities as set forth in comply with the provisions of the Family and Medical Leave Act (FMLA) ). This Act entitles eligible employees with qualifying circumstances to unpaid leave of 1993 absence from work for up to 12 weeks (29 U.S.C. §2601, et seq.) as is or may be amended, under Section 3430.01 of the Bylaws and Policies of Brookville Local Schools, and in accordance with the following provisions: 1special provisions apply for Military families). To be Employees are eligible for FMLA leave, teachers must have if they’ve been continuously employed by the District for at least one twelve (112) year months and have either: (a) worked for at least 1250 hours during over the 12- month period immediately preceding the date of the teacher’s request; or (b) have been employed under a regular teaching contract during the 12-month period immediately preceding the date of the teacher’s request. 2. FMLA leave may be taken for the following reasons: a. The birth and care of a newborn child; b. Placement of a child for adoption or xxxxxx care with the teacher; c. To care for an immediate family member (spouse, child, or parent) with serious health condition; d. When the teacher is unable to work because of a serious health condition; or e. Any other reason expressly provided for in the FMLA. 3. No more than twelve (12) weeks month period. There are three basic reasons for FMLA leave: 1) Birth or adoption of a child, 2) the serious health condition of an employee’s spouse, child or parent (not parent-in-law), and 3) an employee’s own serious health condition. Employees must contact the Human Resources department as soon as it is known that a medical leave of absence may extend beyond 5 workdays. FMLA leave will requests should be granted made 30 days in any 12-month period. 4. For purposes of determining the "12-month period" in “3” above in which an eligible employee is entitled to twelve (12) weeks of leave, said 12-month period shall be a "rolling" 12-month period measured forward from the date an employee first uses FMLA leave. 5. When advance where the need for FMLA leave is foreseeable. Intermittent FMLA leave may not be taken due to the birth or placement of a child. Supporting medical documentation will be required to process all FMLA leave requests. According to Southern Lehigh School District policy #535, FMLA leave runs concurrent with sick leave benefits and begins on the teacher must provide thirty (30) days advance notice by requesting leave in writing. When thirty (30) day notice is not possible, the teacher must provide notice as soon as possible under the circumstances. 6. The teacher must provide sufficient information to demonstrate that the request for leave qualifies for FMLA protection, including the anticipated timing and duration earlier of the leave. Sufficient information may include the nature of the illness, the extent to which a family member is in need of care, and/or other facts supporting the need for leave. If the Board believes the teacher has provided insufficient information, the teacher will be notified of the additional information necessary and provided sufficient time to supply the additional information requested. 7. Once it has been determined that the teacher’s situation qualifies for FMLA leave, the teacher must concurrently use any accrued, paid sick leave under this Agreement as FMLA leave. If the employee does not meet the requirements for paid leave, the employee will still be entitled to FMLA leave, subject to the requirements in this Agreement. After FMLA leave entitlement has been exhausted or expires, the teacher will be entitled to any additional paid or unpaid leave provided for in this Agreement. 8. An employee on FMLA leave shall, at not less than two-week intervals, report to the Superintendent the employee’s status and intent to return to work. 9. An employee who takes FMLA leave shall continue to participate in the Board's group insurance program during the leave on the same terms and conditions that would have applied had no leave been taken. The premium portion payable by the employee is due on following: ● the first day of the month in advance. Upon expiration any absence that has a duration of FMLA leave, the employee may continue dental and/or hospital insurance by making payments in accordance with COBRA regulations; to continue to be enrolled in the life insurance plan, the employee must pay the entire premium each month. 10. If the teacher five (5) or more days that is requesting intermittent leave or reduced schedule leave due to a serious medical conditionhealth condition that makes the employee unable to perform the regular duties of his/her job, or ● the first day of FMLA leave as requested by the employee and approved by the District, or ● the date determined by the District to be the first day of paid or unpaid absence by the employee immediately prior to the employee’s formal request for FMLA leave when the employee’s absence is in connection with the same FMLA eligible reason for which the request is made. The calculation of the FMLA leave year (12 month period) shall be determined on a rolling 12 month period measured backward from the date the leave is first requested and/or used by the employee, in accordance with School Board policy. Childbearing leave shall commence at such a time as determined by the Employee’s attending physician. Notification of intent to begin Childbearing leave shall be provided to the office of the Superintendent or his/her designee no less than 60 days prior to the anticipated effective date of delivery or leave. Employees shall be required to use any sick time accumulated (Employee Sick and Family Sick) for the pregnancy related disability until it exhausts or the disability period ends, whichever is the earlier. Upon conclusion of a childbearing disability leave period, the request must Employee may elect to return to work or take unpaid Childrearing Leave. An Employee who is expecting the birth of a child, or who expects to adopt a child shall be supported by a medical certification as eligible for Childrearing Leave. Notification of intent to begin Childrearing leave shall be provided to the necessity and expected duration office of the Superintendent or his/her designee no less than 60 days prior to the anticipated effective date of the leave. Employees must make reasonable efforts who work at least five (5) hours per day and/or twenty-five (25) or more hours per week shall be eligible for a Childbearing and Childrearing leave of absence not to schedule exceed six (6) continuous calendar months following the birth or placement of a child as in adoption. Childrearing leave shall be unpaid and commence immediately following the Employee’s childbearing disability period, or in the case where an Employee’s spouse has delivered a child, on the day of the child’s birth, or in the case of adoption, on the day of adoption. Any period of break in the Employee’s work year (i.e. holiday or summer) shall have no effect and not extend this six-month leave benefit. Employees who work at least three (3) hours per day and/or fifteen (15) or more hours per week shall be eligible for a Childbearing & Childrearing leave of absence not to exceed three (3) continuous calendar months following the birth or placement of a child as in adoption. Childrearing leave shall be unpaid and commence immediately following the Employee’s childbearing disability period, or in the case where an Employee’s spouse has delivered a child, on the day of the child’s birth, or in the case of adoption, on the day of adoption. Any period of break in the Employee’s work year (i.e. holiday or summer) shall have no effect and not extend this three-month leave benefit. For the purposes of Childbearing and Childrearing leave, in the event that both spouses are Employees of the District, they will be limited to a combined total of six (6) months of leave for planned medical treatment so as not to unduly disrupt the school district’s operationsbirth of a child or for placement with them of a child for adoption. When an employee is required to provide Approval of a certificate from a health care provider, request for unpaid Childrearing leave shall be reflected upon the required form will be available in minutes of the Superintendent’s office. The Board may require and shall specify the teacher to transfer, for the duration of any period of intermittent or reduced schedule the leave, to an equivalent position that better accommodates the proposed intermittent or reduced leave schedule, if such a position exists within the teacher’s area of certification. 11. An employee that is on FMLA Employee who has been granted an unpaid Childrearing leave due and who wishes to end the leave period earlier than was originally approved may request approval of an earlier end date. A request seeking an earlier ending date must be made to the office of the Superintendent or his/her own serious health condition which made designee at least ten (10) work days prior to the employee unable to perform his/her job duties may not Employee’s new potential return to work without furnishing a certification from date. At the employee's health care provider that the employee is able to resume work. Upon request by the administration, and at the Board's expense, an employee shall present himself/herself to a physician, who is paid by the Board, for a physical or mental examination. The employee may choose the physician to conduct such independent examination from any physician included in the "network" for the Board's group insurance plan; provided, however, that the employee may not choose a physician who has previously seen the employee as a patient. If the opinion conclusion of the employee's physician and the opinion of the Board-paid physician differ, the administration may require a third opinion, again at the Board's expense, from a third physician mutually agreed upon by the first two physicians. The third opinion shall be final and binding. 12. Upon expiration of FMLA leave, the employee Employer shall be assigned reinstate the Employee to the same position held before taking prior to the leave, if available, or to a substantially equal position within the position same job classification. Employees on an unpaid Childrearing leave shall not be considered to be active Employees during the period of the leave and shall not be eligible for paid sick leave nor entitled to paid holidays, or any other types of paid benefits which are granted active employees. During the period of the leave, Employees shall not accrue paid leave benefits or seniority. The Employer shall provide continued coverage of insurance benefits (life, disability, EAP, medical/health) to eligible Employees through the end of the month during which the Childbearing leave disability ends. Employees eligible for health insurance and granted Childrearing leave may be allowed to remain a member of district group insurance plans during the leave at their own expense, subject to approval of the carrier(s), and their request to remain a member of the plans is available; if notreceived prior to beginning of the childrearing leave. Because the district pays premiums one month in advance, the employee will be assigned must submit monthly premium payments to a similar positionthe Business Office within thirty days (30) of the receipt of said xxxx for each premium payment. An employee who does Vision care reimbursement provisions do not return apply while Employees are on unpaid Childrearing leave. The parties of this agreement agree to work upon abide by all existing federal and state laws with regard to the expiration of FMLA Family and Medical Leave Act and military leave shall have his/her employment terminatedprovisions.

Appears in 1 contract

Samples: Wage & Benefit Agreement

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Family and Medical Leave (FMLA. The Board and employees Employer shall have whatever rights, duties, discretion, and responsibilities as set forth in comply with the provisions of the Family and Medical Leave Act (FMLA) ). This Act entitles eligible employees with qualifying circumstances to unpaid leave of 1993 absence from work for up to 12 weeks (29 U.S.C. §2601, et seq.) as is or may be amended, under Section 3430.01 of the Bylaws and Policies of Brookville Local Schools, and in accordance with the following provisions: 1special provisions apply for Military families). To be Employees are eligible for FMLA leave, teachers must have if they’ve been continuously employed by the District for at least one twelve (112) year months and have either: (a) worked for at least 1250 hours during over the 12- month period immediately preceding the date of the teacher’s request; or (b) have been employed under a regular teaching contract during the 12-month period immediately preceding the date of the teacher’s request. 2. FMLA leave may be taken for the following reasons: a. The birth and care of a newborn child; b. Placement of a child for adoption or xxxxxx care with the teacher; c. To care for an immediate family member (spouse, child, or parent) with serious health condition; d. When the teacher is unable to work because of a serious health condition; or e. Any other reason expressly provided for in the FMLA. 3. No more than twelve (12) weeks month period. There are three basic reasons for FMLA leave: 1) Birth or adoption of a child, 2) the serious health condition of an employee’s spouse, child or parent (not parent-in-law), and 3) an employee’s own serious health condition. Employees must contact the Human Resources department as soon as it is known that a medical leave of absence may extend beyond 5 workdays. FMLA leave will requests should be granted made 30 days in any 12-month period. 4. For purposes of determining the "12-month period" in “3” above in which an eligible employee is entitled to twelve (12) weeks of leave, said 12-month period shall be a "rolling" 12-month period measured forward from the date an employee first uses FMLA leave. 5. When advance where the need for FMLA leave is foreseeable. Intermittent FMLA leave may not be taken due to the birth or placement of a child. Supporting medical documentation will be required to process all FMLA leave requests. According to Southern Lehigh School District policy #435, FMLA leave runs concurrent with sick leave benefits and begins on the teacher must provide thirty (30) days advance notice by requesting leave in writing. When thirty (30) day notice is not possible, the teacher must provide notice as soon as possible under the circumstances. 6. The teacher must provide sufficient information to demonstrate that the request for leave qualifies for FMLA protection, including the anticipated timing and duration earlier of the leave. Sufficient information may include the nature of the illness, the extent to which a family member is in need of care, and/or other facts supporting the need for leave. If the Board believes the teacher has provided insufficient information, the teacher will be notified of the additional information necessary and provided sufficient time to supply the additional information requested. 7. Once it has been determined that the teacher’s situation qualifies for FMLA leave, the teacher must concurrently use any accrued, paid sick leave under this Agreement as FMLA leave. If the employee does not meet the requirements for paid leave, the employee will still be entitled to FMLA leave, subject to the requirements in this Agreement. After FMLA leave entitlement has been exhausted or expires, the teacher will be entitled to any additional paid or unpaid leave provided for in this Agreement. 8. An employee on FMLA leave shall, at not less than two-week intervals, report to the Superintendent the employee’s status and intent to return to work. 9. An employee who takes FMLA leave shall continue to participate in the Board's group insurance program during the leave on the same terms and conditions that would have applied had no leave been taken. The premium portion payable by the employee is due on following: ● the first day of the month in advance. Upon expiration any absence that has a duration of FMLA leave, the employee may continue dental and/or hospital insurance by making payments in accordance with COBRA regulations; to continue to be enrolled in the life insurance plan, the employee must pay the entire premium each month. 10. If the teacher five (5) or more days that is requesting intermittent leave or reduced schedule leave due to a serious medical conditionhealth condition that makes the employee unable to perform the regular duties of his/her job, or ● the first day of FMLA leave as requested by the employee and approved by the District, or ● the date determined by the District to be the first day of paid or unpaid absence by the employee immediately prior to the employee’s formal request for FMLA leave when the employee’s absence is in connection with the same FMLA eligible reason for which the request is made. The calculation of the FMLA leave year (12 month period) shall be determined on a rolling 12 month period measured backward from the date the leave is first requested and/or used by the employee, in accordance with School Board policy. Xxxxxxxxxxxx leave shall commence at such a time as determined by the Employee’s attending physician. Notification of intent to begin Xxxxxxxxxxxx leave shall be provided to the office of the Superintendent or his/her designee no less than 60 days prior to the anticipated effective date of delivery or leave. Employees shall be required to use any sick time accumulated (Employee Sick and Family Sick) for the pregnancy related disability until it exhausts or the disability period ends, whichever is the earlier. Upon conclusion of a childbearing disability leave period, the request must Employee may elect to return to work or take unpaid Childrearing Leave. An Employee who is expecting the birth of a child, or who expects to adopt a child shall be supported by a medical certification as eligible for Childrearing Leave. Notification of intent to begin Childrearing leave shall be provided to the necessity and expected duration office of the Superintendent or his/her designee no less than 60 days prior to the anticipated effective date of the leave. Employees must make reasonable efforts who work at least five (5) hours per day and/or twenty-five (25) or more hours per week shall be eligible for a Childbearing and Childrearing leave of absence not to schedule exceed six (6) continuous calendar months following the birth or placement of a child as in adoption. Childrearing leave shall be unpaid and commence immediately following the Employee’s childbearing disability period, or in the case where an Employee’s spouse has delivered a child, on the day of the child’s birth, or in the case of adoption, on the day of adoption. Any period of break in the Employee’s work year (i.e. holiday or summer) shall have no effect and not extend this six-month leave benefit. For the purposes of Childbearing and Childrearing leave, in the event that both spouses are Employees of the District, they will be limited to a combined total of six (6) months of leave for planned medical treatment so as not to unduly disrupt the school district’s operationsbirth of a child or for placement with them of a child for adoption. When an employee is required to provide Approval of a certificate from a health care provider, request for unpaid Childrearing leave shall be reflected upon the required form will be available in minutes of the Superintendent’s office. The Board may require and shall specify the teacher to transfer, for the duration of any period of intermittent or reduced schedule the leave, to an equivalent position that better accommodates the proposed intermittent or reduced leave schedule, if such a position exists within the teacher’s area of certification. 11. An employee that is on FMLA Employee who has been granted an unpaid Childrearing leave due and who wishes to end the leave period earlier than was originally approved may request approval of an earlier end date. A request seeking an earlier ending date must be made to the office of the Superintendent or his/her own serious health condition which made designee at least ten (10) work days prior to the employee unable to perform his/her job duties may not Employee’s new potential return to work without furnishing a certification from date. At the employee's health care provider that the employee is able to resume work. Upon request by the administration, and at the Board's expense, an employee shall present himself/herself to a physician, who is paid by the Board, for a physical or mental examination. The employee may choose the physician to conduct such independent examination from any physician included in the "network" for the Board's group insurance plan; provided, however, that the employee may not choose a physician who has previously seen the employee as a patient. If the opinion conclusion of the employee's physician and the opinion of the Board-paid physician differ, the administration may require a third opinion, again at the Board's expense, from a third physician mutually agreed upon by the first two physicians. The third opinion shall be final and binding. 12. Upon expiration of FMLA leave, the employee Employer shall be assigned reinstate the Employee to the same position held before taking prior to the leave, if available, or to a substantially equal position within the position same job classification. Employees on an unpaid Childrearing leave shall not be considered to be active Employees during the period of the leave and shall not be eligible for paid sick leave nor entitled to paid holidays, or any other types of paid benefits which are granted active employees. During the period of the leave, Employees shall not accrue paid leave benefits or seniority. The Employer shall provide continued coverage insurance benefits (life, disability, EAP, medical/health) to eligible Employees through the end of the month during which the Childbearing leave disability ends. Employees eligible for health insurance and granted Childrearing leave may be allowed to remain a member of district group insurance plans during the leave at their own expense, subject to approval of the carrier(s), so long as their request to remain a member of the plans is available; if notreceived prior to beginning of the childrearing leave. Because the district pays premiums one month in advance, the employee will be assigned must submit monthly premium payments to a similar positionthe Business Office within thirty days (30) of receiving an invoice for each premium payment. An employee who does Vision care reimbursement provisions do not return apply while Employees are on unpaid Childrearing leave. The parties of this agreement agree to work upon abide by all existing federal and state laws with regard to the expiration of FMLA Family and Medical Leave Act and military leave shall have his/her employment terminatedprovisions.

Appears in 1 contract

Samples: Wage & Benefit Agreement

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