3430.01b AdmGuide_Family Medical Leave Act

The following rules are based on the final regulations issued by the Federal government.
    A. The greater than three (3) day requirement under the serious health condition definition has not been revised,
        but episodic conditions such as asthma, diabetes, epilepsy, and morning sickness of three (3) days or less
        are now covered by the serious health condition definition. Illnesses such as colds, flu, ear aches, upset
        stomach, minor ulcers, headaches (other than migraines), and routine dental problems are not serious health
        conditions unless complications arise.
    B. The District shall provide a written response to a staff member making a request for FMLA leave specifying
        the procedures for administering such leaves.
    C. The District shall also use the Medical Certification Form developed by the Government. No additional
        information can be required from the staff member for the purposes of considering an FMLA request.
    D. Only the District's health care provider may follow-up with the staff member's health care provider regarding
        the medical certification - and then only with the staff member's permission. The scope of the follow-up
        inquiry is specifically limited.
    E. A staff member's return to work cannot be delayed while inquiry is made regarding any fitness-for-duty
        medical examination. No second or third fitness-for-duty certifications shall be required.
    F. The District shall not require a staff member eligible for FMLA leave to return to restricted duty work under a
        workers' compensation program during the period of FMLA leave availability.
    G. If an instructional staff member would like to return to teaching before the end of an academic semester, but
        the District requires the teacher to remain on leave until the next academic semester, that additional leave
        time will not count against the staff member's twelve (12) week FMLA allotment.
    H. Satisfying the twelve (12) weeks of leave requirement under the FMLA does not automatically establish that
        any additional leave granted to the staff member would be an undue hardship under the Americans with
        Disabilities Act. Each individual case shall be examined to determine whether leave in excess of twelve (12)
        weeks poses an undue hardship.
Approved/Adopted:  July 13, 2009
Revised:  August 9, 2011
Sharon Weinstock,
Aug 31, 2011, 9:10 AM