Leaves and Absences AND The Family Medical Leave Act of 1993 (P.L. 103-3)

I.         GENERAL

A.        Definitions

1. "Eligible employee" means one who is employed at a school facility where at least 50 persons are employed, either there or within a 75 mile radius of that school facility as measured by road miles by the shortest route possible; and who has been employed for at least 12 months by the school district as of the date leave commences, and who has also provided at least 1250 hours of service during that 12 month period.  Fifty-two (52) weeks of casual, intermittent or occasional employment qualifies as "at least 12 months".  School district employees exempt from FLSA requirements are presumed to have worked 1250 hours.

2. "Employee's spouse" means husband or wife as defined by Mississippi Law.

3. "Employee's son or daughter" means biological child, adopted child or foster child, legal ward or the child for whom the employee is standing in loco parentis who is either under the age of 18 or above the age of 18 and incapable of self-care because of a mental or physical disability.

4. "Employee's parent" means biological parent or an individual who stood (or now stands) in loco parentis to an employee when the employee was a child (not to include parents-in-law).

5. "Employee's immediate family member" means spouse, son or daughter or parent as defined hereinabove.

6. For the purposes of FMLA, "serious health condition" means an illness, injury, impairment or physical or mental condition that involves either in-patient care (overnight stay) in a hospital, hospice or residential medical care facility or continuing treatment by a health care provider.*

B.   Leave Requirement

1.    An eligible employee is entitled to twelve (12) workweeks of leave during any twelve (12) month period beginning July 1 and ending June 30 of the following calendar year.  The employee must use concurrently any paid vacation and accumulated sick leave for any part of the twelve (12) week period.  Use of paid personal days will be at the discretion of the eligible employee.  Only enough unpaid leave will be provided to total twelve (12) weeks from date condition commences.  The only days for which the employee will be paid will be accrued sick or personal leave and vacation days.

2. Leave taken under the provisions of the Act may be for the following three (3) reasons:

    a.  Because of the birth or placement for adoption or foster care of a child, only within twelve months of the birth or placement.

    b.  Because of the serious health condition of a spouse, child or parent.

    c.  Because of the employee's own serious health condition.

3.  Sons and daughters in the employment of the school district are eligible for leave to care for a parent provided their aggregate leave is limited to twelve (12) weeks.

4.  Spouses employed by the school district are both entitled to take leave to care for a newly arrived child or sick parent provided their aggregate leave is limited to twelve (12) weeks.  If leave is requested due to the illness of a child or of the other spouse, each spouse is entitled to twelve (12) weeks leave.

5.  If an eligible employee wishes to take intermittent leave and that leave would cause the employee to be absent from their classroom, instructional program or department for more than twenty (20) percent of the time, the school district may require the employee either to take continuous leave throughout the treatment period or to be placed in an existing equivalent position that would not be disruptive to the classroom, instructional program or department.

6.  In the case of leave requested for birth or placement of a child, an eligible employee must provide their immediate supervisor written notice thirty (30) days in advance of the date on which the leave would begin.  If the employee is unable to provide thirty (30) days written notice, he/she must provide such written notice as is practicable.

7.  In the case of leave requested for a serious medical condition, if the leave is foreseeable based on planned treatment so as not to disrupt unduly the operation of the classroom, instructional program or department, the employee must provide his/her immediate supervisor with thirty (30) days written notice in advance of the treatment, or, if the treatment is less than thirty (30) days, such written notice as is practicable.

8.  An eligible employee may be required to extend leave through the end of the academic term if he/she would otherwise have returned within the last two (2) or three (3) weeks of the academic term and depending on the date on which the leave commenced and the duration of the leave.

II.   Required Certification

A.    Written notice of intent to take leave under the Act must first be submitted to the eligible employee's immediate supervisor for approval prior to submission to the superintendent for final approval.

B.    Once the supervisor's approval is received the eligible employee shall provide the superintendent certification of a serious health condition for his/her self or that of a family member.  This certification shall consist of Form WH-380 (Certification of Physician or Practitioner) and shall be attached to the previously approved required written notice or submitted in a timely manner but no more than three (3) working days after providing written notice.  No leave period may begin without the approval of the superintendent.  No approval shall be granted by the superintendent without the required certification and written notice.

C.  Certification Form WH-380 is to include the following:

    1.   The date on which the serious health condition began.

    2.   The probable duration of the condition

    3.   Appropriate medical facts regarding the condition.

    4.   A statement that the emplo yee is needed to care for a spouse, parent or child (along with an estimate of the time required) or that the employee is unable to perform his/her functions, and in the case of intermittent leave, the duration of the treatment to be given.

    5.   Signature of physician or practitioner.

D.  The school district may require, at its own expense, a second opinion.  The second opinion may not be provided by a health care provider employed by the school district.  In the event of conflicting opinions, the school district may pay for a third and final provider to offer a binding decision.

E.   The school district may require subsequent written recertification on a reasonable basis.

III.Employment Benefits Protection

A.  An employee who completes a period of leave and has complied fully with the terms of this policy shall be returned either to the same position he/she had before taking the leave or to a position which is genuinely equivalent in pay, benefits and other terms and conditions of employment.

B.   Taking leave shall not result in the loss of any previously accrued seniority or employment benefits.  Except for health insurance benefits, no other benefits will accrue during the leave period once the employee's accrued sick leave and paid vacation are exhausted.

C.  The school district will continue the employer-provided portion on any health insurance premium.  It will be the responsibility of the employee to make arrangements with the business office to set up a payment schedule for any employee-paid insurance.  Failure to make timely payments could put the employee's insurance at risk.

D.  The school district may exempt from the restoration requirement in paragraph A (above) key employees who are in the highest paid ten (10) percent of the district's workforce if restoring the key employee would cause substantial and grievous injury to the district.

E.   The school district shall notify the key employee of the intent not to restore him/her at the time the determination is made.  If the leave has begun, the key employee shall have the option of deciding whether or not to return to work after receiving the notice.  An employee who is not restored shall be considered to be on leave for the duration of his/her leave period.

F.   Health benefits shall continue through an employee's leave period, even for key employees who have been notified that reinstatement will be denied.  The school district shall recover health insurance premiums paid for an employee who fails to return from leave except as follows:

    1.   No recovery will be made from a key employee who has chosen to take or continue leave after receiving notice of non-reinstatement.

    2.   No recovery will be made from an employee who fails to return from leave if the reason is continuation, recurrence, or onset of a serious health condition, or other circumstances beyond the employee's control, all of which is subject to the certification requirement in Section II above.

IV.   Prohibited Acts.

The Ocean Springs School District shall not interfere with or restrain any eligible employee's right to exercise the provisions of this policy.

LEGAL REF.:  Family and Medical Leave Act of 1993

ADOPTED:    02/14/2006