Family and Medical. Leave (FMLA) 1. Full-time Teachers are eligible for medical and/or family leave in accordance with the provisions in the Family and Medical Leave Act (FMLA) of 1993. Such leave is unpaid unless accumulated sick leave or personal leave is available. Nothing in this provision shall prohibit the Teacher from use of accumulated sick leave in Article XVII. A. The total Family/Medical Leave, paid or unpaid under this provision, cannot exceed twelve (12) weeks during any fiscal year. The following reasons are eligible for Family/Medical Leave: • the birth of a child and to care for the newborn child, provided the leave is completed no later than twelve (12) months after the birth of the child; • the placement of a child with the Teacher for adoption or xxxxxx care, provided the leave is completed no later than twelve (12) months after the placement of the child; • because the Teacher is needed to care for the Teacher’s spouse, child, or parent, with a serious health condition; or • the treatment of a serious health condition that makes the Teacher unable to perform the functions of the job. 2. Except as follows, any other leave provided for in this Agreement which may be taken for any of the above purposes will be credited to the Teacher’s twelve (12) weeks of Family/Medical Leave. For Teachers who elect childbirth/adoption leave composed of both sick leave and FMLA leave, the Teacher’s use of sick leave shall not be deducted from available FMLA leave. 3. A Teacher on family or medical leave will continue to be covered under the District’s health and dental insurance plans under the same terms as if the Teacher had been continuously working during the leave period, provided that: a. Coverage shall end when the Teacher notifies the District of his/her intent not to return to work, fails to return on the scheduled date or exhausts his/her family and medical leave rights under this provision; b. The Teacher will be required to pay his/her share of applicable premium payments at the same time as such payments would be made if by payroll deductions. Coverage may lapse if a Teacher’s premium payment is more than thirty (30) days late; c. The District may recover its premium cost if the Teacher fails to return to work following an approved, unpaid leave unless the reason for the failure to return is a serious health condition of the Teacher, spouse, parent or child or other circumstance beyond the Teacher’s control. In this event, the District may require a certification of the existence of a serious health condition which the Teacher must provide within thirty (30) days of the request. 4. Upon conclusion of a Family/Medical leave, the Teacher will be restored to his/her former position or to an equivalent position as established by school board policies and practices and this Agreement (with respect to pay, benefits and other terms and conditions of employment) with any general pay increases or benefit enhancements granted during the leave, provided that: a. A Teacher will be required to submit a physician’s release prior to returning from a personal medical leave; b. A Teacher returning from Family/Medical leave has no greater rights to a position than had he/she been continuously working during the leave period (e.g. in case of RIF); c. Where the Teacher seeks an intermittent/reduced schedule medical leave, the District may temporarily transfer the Teacher to an available alternative position with equivalent pay and benefits for which the Teacher is qualified if the transfer better accommodates the requested recurring periods of leave; and d. A Teacher on an approved Family/Medical leave may not perform work for another educational employer during the leave.
Appears in 3 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Family and Medical. Leave (FMLA)
1. Full-time Teachers are eligible for medical and/or family leave in accordance with the provisions in the Family and Medical Leave Act (FMLA) of 1993. Such leave is unpaid unless accumulated sick leave or personal leave is available. Nothing in this provision shall prohibit the Teacher from use of accumulated sick leave in Article XVII.
A. The total Family/Medical Leave, paid or unpaid under this provision, cannot exceed twelve (12) weeks during any fiscal year. The following reasons are eligible for Family/Medical Leave: • the birth of a child and to care for the newborn child, provided the leave is completed no later than twelve (12) months after the birth of the child; • the placement of a child with the Teacher for adoption or xxxxxx care, provided the leave is completed no later than twelve (12) months after the placement of the child; • because the Teacher is needed to care for the Teacher’s spouse, child, or parent, with a serious health condition; or • the treatment of a serious health condition that makes the Teacher unable to perform the functions of the job.
2. Except as follows, any other leave provided for in this Agreement which may be taken for any of the above purposes will be credited to the Teacher’s twelve (12) weeks of Family/Medical Leave. For Teachers who elect childbirth/adoption leave composed of both sick leave and FMLA leave, the Teacher’s use of sick leave shall not be deducted from available FMLA leave.
3. A Teacher on family or medical leave will continue to be covered under the District’s health and dental insurance plans under the same terms as if the Teacher had been continuously working during the leave period, provided that:
a. Coverage shall end when the Teacher notifies the District of his/her intent not to return to work, fails to return on the scheduled date or exhausts his/her family and medical leave rights under this provision;
b. The Teacher will be required to pay his/her share of applicable premium payments at the same time as such payments would be made if by payroll deductions. Coverage may lapse if a Teacher’s premium payment is more than thirty (30) days late;
c. The District may recover its premium cost if the Teacher fails to return to work following an approved, unpaid leave unless the reason for the failure to return is a serious health condition of the Teacher, spouse, parent or child or other circumstance beyond the Teacher’s control. In this event, the District may require a certification of the existence of a serious health condition which the Teacher must provide within thirty (30) days of the request.
4. Upon conclusion of a Family/Medical leave, the Teacher will be restored to his/her former position or to an equivalent position as established by school board policies and practices and this Agreement (with respect to pay, benefits and other terms and conditions of employment) with any general pay increases or benefit enhancements granted during the leave, provided that:
a. A Teacher will be required to submit a physician’s release prior to returning from a personal medical leave;
b. A Teacher returning from Family/Medical leave has no greater rights to a position than had he/she been continuously working during the leave period (e.g. in case of RIF);
c. Where the Teacher seeks an intermittent/reduced schedule medical leave, the District may temporarily transfer the Teacher to an available alternative position with equivalent pay and benefits for which the Teacher is qualified if the transfer better accommodates the requested recurring periods of leave; and
d. A Teacher on an approved Family/Medical leave may not perform work for another educational employer during the leave.
Appears in 2 contracts
Samples: Negotiated Agreement, Classroom Teachers’ Council Negotiated Agreement