Unpaid Family Care Leave. Unit Members who have completed one year of service of at least 60%
Unpaid Family Care Leave. The District and Association agree that the provisions of the Family and Medical Leave Act (FMLA) provisions will be implemented in accordance with state and federal law.
Unpaid Family Care Leave. The District shall maintain the regular or prorated share of District contributions for the teacher's group medical, dental and vision insurance coverage provided that coverage was in place before he/she took the leave, for up to twelve (12) weeks of Family Care Leave per year. If the employee fails to return to district employment after the expiration of the leave, for any reason other than the continuation, recurrence, or onset of a serious health condition, other circumstances beyond his/her control, or returns to work and fails to either work for 30 days or retires, the employee shall reimburse the district for premiums paid during the family care and medical leave. (20 USC 2614; Government Code 12954.2; 29 CFR 800.213). For Family Care Leave exceeding twelve (12) weeks in any twelve-month period, the teacher may elect continuation of group insurance(s) at his/her own expense as described in subsection 3. below.
Unpaid Family Care Leave a. Employees may take Unpaid Family Care Leave(s) for up to twelve
Unpaid Family Care Leave. The County Office will grant family and medical leave in accordance with the requirements of applicable state and federal law in effect at the time the leave is granted. (See 29 U.S.C. § 2601 et seq.; 29 CFR 800 et seq., which is referred to as Family Medical Leave Act (“FMLA”)); California Government Code §§ 12945.1 and 12945.2; 2 CCR 7297.0 et seq., which is referred to as the California Family Rights Act (“CFRA”)). Although the federal and state laws sometimes have different names, the County Office refers to these types of leaves collectively as “FMLA Leave.”
Unpaid Family Care Leave a. Employees may take Unpaid Family Care Leave(s) for up to twelve (12) weeks in a 12-month period to care for a family member with a serious health condition. Family members shall include spouse, child, legal xxxx, parent, grandparent, grandchild, sibling, domestic partner (as defined in Labor Code Section 233), current father-in-law, mother-in-law, any person with whom the employee has/had an "in loco parentis" relationship, or someone else related by blood or in a family-like relationship (“designated person”) with a serious health condition.
b. To qualify for the leave, an employee must have completed one (1) year of continuous service in the District.
c. The condition of the family member must involve an illness, injury, impairment, or other physical or mental condition which requires either in- patient care or continuing treatment or supervision by a licensed physician or osteopath, or other health care provider designated by the Secretary of Labor, and warrants the participation of the employee in the care of the patient during the treatment period.
d. The employee must submit, with the request for the leave, a statement from the treating health care provider or osteopath which includes the date the condition commenced or will commence, the probable duration of the condition, the need for the employee's care for the individual, and the estimated length of time the employee's care is needed. The District may require, at the District's expense, a second and, if necessary, a third medical opinion.
e. The employee shall exhaust accrued vacation and compensatory time off before using Family Care Leave.
f. By mutual consent between the employee and the District, the employee may use unused Sick Leave, earned per Section A.1. of this Article, in lieu of Unpaid Family Care Leave.
g. Any paid leave(s) used for the purpose of this section shall run concurrent with, and reduce the total of twelve (12) weeks of Family Care Leave on a day-for-day basis.
h. District-paid health insurance plan benefits shall not be continued for unpaid Family Care Leave unless the employee meets the eligibility requirements of Family Care Leave under Federal and/or State family leave laws (FMLA and/or CFRA). Employees who do not return from Family Care Leave for reasons other than their own disability shall be responsible for reimbursing the District for the health plan premium costs during the period(s) of the leave, unless the employee was in paid status during the entire leave....
Unpaid Family Care Leave. 1. Any employee who has served the District more than one continuous year shall be eligible to take unpaid family care leave under the provisions of California Government Code section 12945.2 and the Federal Family and Medical Leave Act of 1993, 29 U.S.C. section 2601 et seq. “One continuous year” as used in this regulation shall mean that the eligible employee must have worked at least 1,250 hours in the year preceding the request for leave.
2. Family care leave may be used for the following reasons:
a. The birth of the employee’s child;
b. The placement of a child with the employee in connection with the employee’s adoption of a child;
c. The serious illness of the employee’s child;
d. The employee’s own serious health condition;
e. The serious health condition of the employee’s parent or spouse. “Serious health condition” means an illness, injury, impairment or physical or mental condition which warrants the participation of a family member to provide care during a period of the treatment or supervision and involves either:
Unpaid Family Care Leave. Employees who have completed one year of service of at least a 60%
Unpaid Family Care Leave. 12.9.1 To be eligible for leave under the FMLA and CFRA (collectively “FMLA Leave”), employees must have completed one year of service for the District and have been employed for six (6) or more hours per day or worked at least 1,250 hours over the previous 12 months as of the start of the leave. Bargaining unit members who are otherwise eligible for, but who are employed for less than six (6) hours a day or less than 1,250 hours per year shall be entitled to FMLA Leave, but without the District-paid benefit contribution provided in Section 12.9.7 below.
12.9.2 Reasons for Leave State and federal laws allow FMLA Leave for various reasons. Because an employee’s rights and obligations may vary depending upon the reason for the FMLA Leave, it is important to identify the purpose or reason for the leave. FMLA Leave may be used for one of the following reasons, in addition to any reason covered by an applicable state family/medical leave law:
12.9.2.1 the birth, adoption, or xxxxxx care of an employee's child within 12 months following birth or placement of the child (“Bonding Leave”);
12.9.2.2 to care for an immediate family member (spouse, registered domestic partner, child, or parent with a serious health condition (“Family Care Leave”);
12.9.2.3 an employee’s inability to work because of a serious health condition (“Serious Health Condition Leave”);
12.9.2.4 a “qualifying exigency,” as defined under the FMLA, arising from a spouse’s, child’s, or parent’s “covered active duty” (as defined below) as a member of the military reserves, National Guard or Armed Forces (“Military Emergency Leave”); or
12.9.2.5 to care for a spouse, child, parent or next of kin (nearest blood relative) who is a “Covered Servicemember,” as defined below (“Military Caregiver Leave”).
Unpaid Family Care Leave. 26 With prior written application to the District Human Resources Department, 27 utilizing District-prescribed forms, an unpaid family care leave may be granted for 28 the purpose of caring for a dependent family member. Such leaves normally will 29 be granted for either the remainder of the current semester of current school year, 30 or for the school year, and employees will normally be required to return from 31 such leave only at the end of a semester or at beginning of a new school year. 32 Upon mutual agreement between the employee and the District, the employee 33 may return to duty earlier than originally requested.
