Family Medical and Leave Act Sample Clauses

Family Medical and Leave Act. The Employer and the Union agree to comply with the provisions of the Family and Medical Leave Act. Both parties agree that as the Act applies to a serious health condition that makes the employee unable to perform the employee's duties, an employee shall have the option to either use accumulated vacation, sick or personal time or, if appropriate, the short and/or long term disability insurance provided by the Employer. Further, it is understood that with regard to other provisions of the Act, the Employer and Union agree that the employee may utilize accumulated vacation, sick or personal time.
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Family Medical and Leave Act a. The District is covered by the provisions of the Federal Family Medical and Leave Act (FMLA) and the California Family Rights Act (CFRA). Unit members eligible under such Acts and for Paid Family Leave in accordance with the provisions of SB1661 shall be provided the rights and benefits mandated by such Acts. In accordance with such Acts, the District may require an eligible employee to supply the appropriate medical certification and additional medical opinions. b. FMLA and CFRA leave may be used for: (1) Birth or placement for adoption or xxxxxx care of child or to care for child; (2) Care for child, spouse or parent with serious health condition; (3) Serious health condition that makes employee unable to perform functions of employee's position. However, under CFRA this does not include disability due to pregnancy, childbirth or related medical conditions. c. The maximum leave time which may be taken for any combination of the above reasons is 12 workweeks in any twelve (12) month period. The twelve (12) month period is measured forward from the date an employee first uses such leave. Subsequent twelve (12) month leave periods begin the first time such leave is taken after the completion of any previous twelve (12) month period. d. Leaves under FMLA and CFRA are unpaid. The District shall require an eligible employee to use vacation time or any other paid personal time off concurrently with the running of FMLA or CFRA leave, except paid sick leave may not be so used for the serious health condition of a child, spouse, or parent unless the unit member agrees.
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Family Medical and Leave Act a. The District is covered by the provisions of the Federal Family Medical and Leave Act (FMLA) and the California Family Rights Act (CFRA). Unit members eligible under such Acts and for Paid Family Leave in accordance with the provisions of SB1661 shall be provided the rights and benefits mandated by such Acts. In accordance with such Acts, the District may require an eligible employee to supply the appropriate medical certification and additional medical opinions. b. FMLA and CFRA leave may be used for: 1. Birth or placement for adoption or xxxxxx care of a child or to care for a child; 2. Care for child, spouse, or parent with a serious health condition; 3. A serious health condition that makes an employee unable to perform functions of the employee's position. However, under CFRA, this does not include disability due to pregnancy, childbirth, or related medical conditions. c. The maximum leave time which may be taken for any combination of the above reasons is 12 workweeks in any twelve (12) month period. The twelve (12) month period is measured forward from the date an employee first uses such leave. Subsequent twelve (12) month leave periods begin the first time such leave is taken after the completion of any previous twelve
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Family Medical and Leave Act. Qualifying Reasons and Length of FMLA and Military Family Leave. Under FMLA, eligible employees may take up to twelve (12) work weeks of job-protected, unpaid leave, or substitute appropriate paid leave if the employee has earned or accrued it, for the following reasons: a. the birth and/or care of a newborn child of the staff member, within one (1) year of the child's birth; b. the placement with the staff member of a child for adoption or xxxxxx care, within one (1) year of the child's arrival; c. the staff member is needed to provide physical and/or psychological care for a spouse, child, or parent with a serious health condition; d. the staff member's own serious health condition makes them unable to perform the functions of their position; or e. any qualifying exigency (as defined in applicable Federal regulations) arising out of the fact that the staff member's spouse, son, daughter, or parent is a covered military member (i.e., a member of the National Guard or Reserves, but not a member of the Regular Armed Forces) on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation ("Qualifying Exigency Leave").
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Family Medical and Leave Act. 13.1. The District is covered by the provisions of the Federal Family Medical and Leave Act (FMLA) and the California Family Rights Act (CFRA). Unit members eligible under such Acts and for Paid Family Leave in accordance with the provisions of SB1661 shall be provided the rights and benefits mandated by such Acts. In accordance with such Acts, the District may require an eligible employee to supply the appropriate medical certification and additional medical opinions. 13.2. FMLA and CFRA leave may be used for: 13.2.1. Birth or placement for adoption or xxxxxx care of a child or to care for a child; 13.2.2. Care for child, spouse, or parent with a serious health condition; 13.2.3. A serious health condition that makes an employee unable to perform functions of the employee's position. However, under CFRA, this does not include disability due to pregnancy, childbirth, or related medical conditions. 13.3. The maximum leave time which may be taken for any combination of the above reasons is 12 workweeks in any twelve (12) month period. The twelve (12) month period is measured forward from the date an employee first uses such leave. Subsequent twelve (12) month leave periods begin the first time such leave is taken after the completion of any previous twelve (12) month period. 13.4. Leaves under FMLA and CFRA are unpaid. The District shall require an eligible employee to use vacation time or any other paid personal time off concurrently with the running of FMLA or CFRA leave, except paid sick leave may not be so used for the serious health condition of a child, spouse, or parent unless the unit member agrees.
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Family Medical and Leave Act. (FMLA) 19.12.1. Family Medical Leave Act (FMLA) will be administered according to Resolution 19-13 FMLA-Administrative Policy.
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Family Medical and Leave Act. Where this Article provides rights greater than those provided for under FMLA, this Article governs. Where FMLA provides rights greater than those provided in other sections of this Article, FMLA governs. The rights provided in the Article shall not be added to those provided by FMLA to produce greater rights than an employee would have under either this Article or FMLA standing alone; there shall be no duplication of rights. The FMLA governs instead of the Article, all of the requirements for a leave under FMLA must be met by the employee. Where this Article governs, only the requirements set forth in this Article, and not those in FMLA, must be met by the employee.
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Family Medical and Leave Act. A. 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 (29 USC 2601) and Employer policy, for a total period of up to twelve (12) weeks per year. A rolling twelve month period will be utilized in all cases by the Employer in assessing the amount of time an eligible employee has available for qualified leaves under the Act. The Employer may require an employee to utilize available paid leave time (e.g., sick leave, etc.) and such time will be utilized in computing available time off under the Act. In general, intermittent and reduced schedules will not be approved absent mutual agreement between the employee and the Employer. Proper consideration when medically necessary will be given as required by law in such instances and alternate assignment(s) may be instituted by the Employer. In the event an employee and his/her spouse are employed by the district, whether within 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. Insurance benefit payments will continue for an employee absent on a qualified leave under this section. Employees returning from such leaves will be returned to the same or an equivalent position. 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. B. The following general provisions will apply to all leaves of absence under this Article: 1. Except as set forth in section A above, the leaves of absence under this Article shall be without pay and benefits. 2. Seniority shall accrue while on leave under this Article. 3. The position of an employee absent on an unpaid leave of absence may be filled with a substitute. 4. Employees may be required to provide periodic status reports while on leave under this Article and will be required to provide medical verification or other certification in support of an initial request for leave. 5. Failure to return to work at the end of an approved leave of absence will be considered a voluntary resignation and the Employer may require the employee to repay...
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Related to Family Medical and Leave Act

  • Family Medical Leave Act 1. If an employee takes a leave granted under this Article for a reason covered by the Family and Medical Leave Act, the leave shall be administered under the provisions of the FMLA. 2. Upon approval of the Superintendent and Association President, this Section may be modified as necessary to comply with federal law and rules and regulations. 3. The Board shall provide a copy of the policy on FMLA in the library of each building.

  • Family Medical Leave Act (FMLA A. The State acknowledges its commitment to comply with the spirit and intent of the leave entitlement provided by the FMLA and the California Family Rights Act (CFRA) referred to collectively as "FMLA." The State and the Union recognize that on occasion it will be necessary for employees of the State to take job- protected leave for reasons consistent with the FMLA. As defined by the FMLA, reasons for an FMLA leave may include an employee's serious health condition, for the care of a child, spouse, or parent who has a serious health condition, and/or for the birth or adoption of a child. B. For the purposes of providing the FMLA benefits the following definitions shall apply: 1. An eligible employee means an employee who meets the eligibility criteria set forth in the FMLA; 2. An employee's child means any child, regardless of age, who is affected by a serious health condition as defined by the FMLA and is incapable of self care. "Care" as provided in this section applies to the individual with the covered health condition;

  • Family Medical Leave (a) An employee is entitled to family medical leave in accordance with the provisions of the Employment Standards Act. (b) An employee who is on Family Medical Leave shall continue to accumulate seniority and service and the Home will continue to pay its share of the premiums of the subsidized employee benefits, including pension (if permitted by the Plan and matched by the employee) in which the employee is participating during the leave. (c) Subject to any changes in an employee’s status which would have occurred had he or she not been on Family Medical Leave, the employee shall be reinstated to her former position.

  • Family and Medical Leave Act The Family and Medical Leave Act will be followed in approving a Leave of Absence. Contract provisions that provide greater benefits than the Family and Medical Leave Act will be followed.

  • Family and Medical Leave Act (FMLA In accordance with the Family and Medical Leave Act (FMLA) of 1993, the Board will grant a leave of absence for one or more of the following: 1. Because of the birth of a son or daughter of the employee, and in order to care for such son or daughter; 2. Because of the placement of a son or daughter with the employee for adoption or xxxxxx care; 3. To care for the employee's spouse, son or daughter, or par- ent, in laws or members of blended families or other per- sons in a similar relationship that live in the family house- hold or are in a similar family relationship who has a serious health condition; or, 4. The employee is unable to perform the essential job func- tions because of a serious health condition. As of February 2008, an employee who is the spouse, son, daughter, parent or the next of kin of a covered service mem- ber can take up to 26 weeks of FMLA leave during a single twelve (12) month period to care for the injured service mem- ber. The same eligibility requirements apply for employees requesting a leave under this category. Regulations as estab- lished by the Department of Labor will be followed when granting leaves under this provision. FMLA leaves are only available to employees who have been employed by the District for at least twelve (12) months and have worked 1,250 hours during the previous twelve (12) month period. Such leaves are counted against an employee's annual FMLA leave entitlement. Under the FMLA, an employee is eligible for a total of twelve (12) work weeks of leave in a twelve (12) month period. This twelve (12) month period is measured back from the date a requested leave is to begin. Continuation of medical, optical and dental benefits and the right to job restoration ceases when an employee has used twelve (12) work weeks of FMLA leave in the twelve (12) month period. (See Section B, Medical Leave of Absence). An employee requesting a FMLA leave must provide the Xxxxx- xxxx Superintendent of Human Resources at least thirty (30) days advance notice of when the leave is to begin. If such no- xxxx is not practicable, then notice is to be provided as soon as practicable. When a leave denoted as (1) or (2) above is granted, the leave must be taken in one (1) continuous increment, and must be concluded within twelve (12) months of the date of birth or placement. Employees granted such leave must utilize accu- mulated vacation days and accumulated personal business days (in that order), after which time the leave is unpaid. When a leave denoted as (3) above is granted, the employee must utilize accumulated sick leave time, accumulated vacation days, and accumulated personal business days (in that order), after which time the leave is unpaid. When a leave denoted as (4) above is granted, the employee must utilize accumulated sick leave days and accumulated per- xxxxx business days (in that order), after which time the leave is unpaid. After these days have been used and if more sick time is needed, the employee may choose to use accumulated vacation time. When additional time is needed during the 90 calendar day (13 week) LTD elimination period, the employee may use available vacation days. If the employee has pur- chased and is filing for short term disability, vacation days may be used during the 14 day elimination period. Vacation days cannot be used once the short term disability coverage starts. Leaves denoted as (3) or (4) above must be supported by med- ical certification from a health care provider stating (1) the date on which the serious health condition commenced, (2) the probable duration of the condition, (3) the appropriate medical facts, and (4) a statement that the employee is unable to per- form the essential functions of his/her position, or that the em- ployee is needed to care for the person. The District reserves the right to require the employee to obtain the opinion of a sec- ond health care provider designated or approved by the District concerning any information within the medical certification. When a FMLA leave denoted as (1) or (2) above is granted to spouses who are both employed by the District, the total amount of time on leave (in total for both employees) cannot exceed twelve (12) weeks of FMLA time. At the expiration of a medical leave or if the employee wishes to return to work before completion of the leave, there must be a physician's certification confirming his/her fitness to return to work. The District may condition the employee's return to work upon a fitness for duty examination and approval by a health care provider designated by the District. The District will continue to provide an employee's medical, optical and dental insurance while he/she is on a FMLA leave for a period of up to twelve (12) weeks on the same terms and conditions as prior to the leave. An employee on a FMLA leave shall not engage in any outside or supplemental employment. The District may recover insurance premiums paid while an employee was on an unpaid FMLA leave if: 1. The employee fails to return to work for at least thirty (30) days after the expiration of the leave; and 2. The failure to return is for a reason other than a serious health condition, or other circumstances beyond the control of the employee. Certification from the health care provider may be required for this purpose. An employee returning from a FMLA leave will be restored to the position he/she left, or to an equivalent position with equiv- alent benefits, pay and other terms and conditions of employ- ment. If the employee has not satisfactorily completed the probation- ary period at the commencement of a FMLA leave, then upon cessation of the leave, the employee must work the days need- ed to complete the probationary period.

  • Family Medical Leave or Critical Illness Leave a) Family Medical Leave or Critical Illness leaves granted to a permanent teacher, long-term occasional teacher or teacher hired into a term position under this Article shall be in accordance with the provisions of the Employment Standards Act, as amended. b) The teacher will provide to the employer such evidence as necessary to prove entitlement under the Employment Standards Act. c) A teacher contemplating taking such leave(s) shall notify the employer of the intended date the leave is to begin and the anticipated date of return to active employment. d) Seniority and experience continue to accrue during such leave(s). e) Where a teacher is on such leave(s), the Employer shall continue to pay its share of the benefit premiums, where applicable. To maintain participation and coverage under the Collective Agreement, the teacher must agree to provide for payment for the teacher’s share of the benefit premiums, where applicable. f) In order to receive pay for such leaves, a teacher must access Employment Insurance and the Supplemental Employment Benefit (SEB) in accordance with g) to j), if allowable by legislation. An employee who is eligible for E.I. is not entitled to benefits under a school board’s sick leave and short term disability plan. g) The Employer shall provide for permanent teachers, long-term occasional teachers and teachers hired into a term position who access such Leaves, a SEB plan to top up their E.I.

  • 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 (FMLA FMLA leave shall be granted pursuant to applicable law.

  • Family and Medical Leave The Employer shall provide employees with the benefits of the Family and Medical Leave Act on a fair and equitable basis in accordance with applicable law and regulation.

  • Family Care and Medical Leave An unpaid Family Care and Medical Leave shall be granted, to the extent of and subject to the restrictions as set forth below, to an employee who has been employed for at least twelve (12) months and who has served for 130 workdays during the twelve (12) months immediately preceding the effective date of the leave. For purposes of this Section, furlough days and days worked during off-basis time shall count as "workdays". Family Care and Medical Leave absences of twenty (20) consecutive working days or less can be granted by the immediate administrator or designee. Leaves of twenty (20) or more consecutive working days can be granted only by submission of a formal leave application to the Personnel Commission.

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