FILE:  GBRIBA

Cf:  GBRIB

 

FAMILY AND MEDICAL LEAVE

 

 

ELIGIBILITY

 

The LaSalle Parish School Board shall permit qualified employees to take up to twelve (12) workweeks of unpaid leave in a twelve (12) month period for family and medical reasons.  Employees qualifying for family and temporary medical leave shall have been employed by the School Board and worked 1250 hours during the previous twelve (12) months prior to the date of the leave to be taken.  For the purposes of this policy, the 12 month period shall be the same as the fiscal year, July 1 to June 30.  Such unpaid leave may only be taken for the following reasons:

 

  1. For the birth of the employee's child and subsequent care;

  2. For the placement of a child with the employee for adoption or foster care;

  3. In order to care for the spouse, child or parent of the employee who has a serious health condition; or

  4. When the serious health condition of the employee renders the employee unable to perform the function of the position of such employee.

 

Leave may be taken for birth or placement of a child only within twelve (12) months of the birth or placement.

 

Spouses/parents who are both employed by the LaSalle Parish School Board are entitled to a cumulative twelve (12) weeks of leave (rather than twelve (12) weeks each) for the birth or adoption of a child or the placement of a foster child.

 

INTERMITTENT LEAVE

 

Generally, the time taken for family and medical leave shall be on a continuous basis.  However, the employee shall be permitted to take leave on an intermittent or reduced basis to care for a seriously ill family member or the employee's own illness when medically necessary.  An employee may take intermittent leave for the birth or adoption of a child only with School Board approval. 

 

If a teacher's period of absence on intermittent leave amounts to more than twenty percent (20%) of classroom time, the teacher may be required to take continuous leave throughout the treatment period, or be placed temporarily in an equivalent position, for which the teacher is qualified and which has equivalent status, pay and benefits, and which would not be so disruptive to the classroom.

 

SPECIAL ARRANGEMENTS

 

The School Board may make the following special arrangements for teachers taking leave near the completion of a semester:

 

  1. If the teacher begins leave more than five (5) weeks prior to the end of the semester, the School Board may require said teacher to continue leave until the end of the semester if the leave is of at least three (3) weeks duration and the return to work would occur during the 3-week period before the end of the semester.

  2. If the teacher begins leave for the birth of the teacher's child and subsequent care; for the placement of a child with the teacher for adoption or foster care; or in order to care for the spouse, child or parent of the teacher who has a serious health condition, within the last five (5) weeks of the semester, the School Board may require the employee to continue taking leave until the end of the semester if the leave is to be longer than two (2) weeks and the return to work would occur during the last two (2) weeks of the semester.

  3. If the teacher begins leave for the same reasons as outlined in #2 above, within the last three (3) weeks of the semester and the leave is greater than five (5) working days, the School Board may require the teacher to take leave until the end of the semester.

 

ADVANCED NOTICE AND MEDICAL CERTIFICATION

 

In any case in which the necessity of leave is for the birth of the employee's child and subsequent care; or for the placement of a child with the employee for adoption or foster care, and said necessity of leave is foreseeable based on the expected birth or placement, the employee is required to provide the School Board with at least thirty (30) days notice, before the date the leave is to begin.  If the date of birth or placement requires the leave to begin in less than thirty (30) days, notice shall be given as soon as possible.

 

In any case in which the leave is necessary in order to care for the spouse, child or parent of the employee who has a serious health condition; or when the serious health condition of the employee renders the employee unable to work and the need to take such leave is foreseeable based on planned medical treatment, the employee shall be required to make a reasonable effort to schedule the treatment so as not to disrupt school operations.

 

The School Board may require an employee to provide medical certification to support the request for family and medical leave.  Such certification shall be provided in a timely manner.

 

SUBSTITUTION OF PAID LEAVE

 

The employee shall be permitted to use any accumulated sick leave, personal leave, and/or annual leave for any eligible family and medical leave time requested.  The School Board may require an employee to first use any accumulated sick, personal and/or annual leave time for any part of the twelve (12) week period.  Any family and medical leave above and beyond accumulated and substituted paid leave will be unpaid leave.  Actual calculation for payroll purposes will be determined based on portion of semester(s) requested.  The employee will be docked his/her full daily rate of pay and will not receive credit in the retirement system for any unpaid leave days.  The total of unpaid Family and Medical Leave Act (FMLA) leave and substituted paid leave shall not exceed twelve (12) weeks in any rolling twelve (12) month period measured backward from the date an employee uses any FMLA Leave.   

 

RETURN TO SERVICE

 

Any employee taking family and medical leave shall have the right to return to his/her previous position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.  An employee returning to service at the end of his/her leave period for personal medical reasons shall be required to present to the School Board a letter from his/her doctor certifying that the employee is able to return to work.

 

BENEFITS

 

For the duration of the FMLA leave, the LaSalle Parish School Board shall continue to pay the employer’s portion of the employee’s health coverage under the applicable “group health plan” provided that the employee pays his/her share of the health plan premiums to continue coverage in a timely manner.  Failure of the employee to pay his/her share of the premiums shall result in cancellation of leave.

 

The use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

 

Should any provisions of this policy directly conflict with the provisions of the federal Family and Medical Leave Act, the Act shall control.

 

Revised:  October, 2014

 

Ref:    29 USC 2601 et seq. (The Family and Medical Leave Act of 1993)

29 CFR 825 (The Family and Medical Leave Act of 1993)

Board minutes, 10-6-14

 

LaSalle Parish School Board