3430.01a AdmGuide FMLA Leave for Instructional Staff

The following guidelines are the appropriate portions of Section 104 of the Family and Medical Leave Act.


A district shall not be in violation of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et. seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), solely as a result of an eligible employee of such district exercising the rights of such employee under this title.


  1. Intermittent leave or leave on a reduced schedule for instructional employees

  1. In General - Subject to paragraph (2), in any case in which an eligible employee employed principally in an instructional capacity by any such district requests leave under subparagraph (C) and (D) of Policy 3430.01 that is foreseeable based on planned medical treatment and the employee would be on leave for greater than twenty percent (20%) of the
    total number of working days in the period during which the leave would extend, the district may require that such employee elect either:

    1. To take leave for periods of a particular duration, not to exceed the duration of the planned medical treatment; or

    2. To transfer temporarily to an available alternative position offered by the employer for which the employee is qualified, and that:

      1. Has equivalent pay and benefits; and

      2. Better accommodates recurring periods of leave than the regular employment position of the employee.  

2. Application - The elections described in subparagraphs a. and b. of paragraph (1) shall apply only with respect to an eligible employee who complies with Policy 3430.01.

 

  1. Rules applicable to periods near the conclusion of an academic term

    The following rules shall apply with respect to periods of leave near the conclusion of an
    academic term in the case of any eligible employee employed principally in an instructional capacity by any such district:

    1. Leave more than five (5) weeks prior to end of term

      If the eligible employee begins leave under Policy 3430.01 more than five (5) weeks prior to the end of the academic term, the district may require the employee to continue taking leave until the end of such term, if:

    1. The leave is of at least three (3) weeks duration; and

    2. The return to employment would occur during the three (3) week period before the end of such term.

 

2. Leave less than five (5) weeks prior to end of term

If the eligible employee begins leave under subparagraph (A), (B), or (C) of Policy 3430.01 during the period that commences five (5) weeks prior to the end of the academic term, the district may require the employee to continue taking leave until the end of such term, if:

 

    1.  The leave is of greater than two (2) weeks duration; and

    2. The return to employment would occur during the two (2) week period before the end of such term.

 


3. Leave less than five (5) weeks prior to end of term


 If the eligible employee begins leave under subparagraph (A), (B), or (C) of Policy 3430.01 during the period that commences three (3) weeks prior to the end of the academic term and the duration of the leave is greater than five (5) working days, the district may require the employee to continue to take leave until the end of such term.

 

 C. Restoration to equivalent employment position

 

For purposes of determinations under section 104(a)(1)(B) (relating to the restoration of an eligible employee to an equivalent position), in the case of a district, such determination shall be made on the basis of established school board policies and practices.


Approved/Adopted:  July 13, 2009

Revised August 29, 2011

Revised: February 9, 2016

Ċ
Nathan Marinan,
Feb 11, 2016, 7:26 AM