- L.
Family Leave
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- 1. Full-time Teachers
are eligible for medical and/or family leave in accordance with
the provisions in the Family and Medical Leave Act (FMLA) of
1993. Such leave is unpaid unless accumulated sick leave or personal
leave is available. Nothing in this provision shall prohibit
the Teacher from use of accumulated sick leave in Article XVII,
Section A. The total Family/Medical Leave, paid or unpaid under
this provision, cannot exceed twelve (12) weeks during any fiscal
year. The following reasons are eligible for Family/Medical Leave:
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| * the birth of
a child and to care for the newborn child, provided the leave
is completed no later than twelve (12) months after the birth
of the child; |
| * the placement
of a child with the Teacher for adoption or foster care, provided
the leave is completed no later than twelve (12) months after
the placement of the child; |
| *
because
the Teacher is needed to care for the Teacher's spouse, child,
or parent with a serious health condition; or |
| * the treatment
of a serious health condition that makes the Teacher unable to
perform the functions of the job. |
-
- 2.
Any
other leave provided for in this Agreement which may be taken
for any of the above purposes will be credited to the Teacher's
twelve (12) weeks of Family/Medical Leave.
-
- 3. A Teacher on
family or medical leave will continue to be covered under the
District's health and dental insurance plans under the same terms
as if the Teacher had been continuously working during the leave
period, provided that:
-
- a. Coverage shall
end when the Teacher notifies the District of his/her intent
not to return to work, fails to return on the scheduled date
or exhausts his/her family and medical leave rights under this
provision;
-
- b. The Teacher will
be required to pay his/her share of applicable premium payments
at the same time as such payments would be made if by payroll
deductions. Coverage may lapse if a Teacher's premium payment
is more than thirty (30) days late;
-
- c. The District
may recover its premium cost if the Teacher fails to return to
work following an approved, unpaid leave unless the reason for
the failure to return is a serious health condition of the Teacher,
spouse, parent or child or other circumstance beyond the Teacher's
control. In this event, the District may require a certification
of the existence of a serious health condition which the Teacher
must provide within thirty (30) days of the request.
-
- 4. Upon conclusion
of a Family/Medical leave, the Teacher will be restored to his/her
former position or to an equivalent position as established by
school board policies and practices and this Agreement (with
respect to pay, benefits and other terms and conditions of employment)
with any general pay increases or benefit enhancements granted
during the leave, provided that:
-
- a. A Teacher will
be required to submit a physician's release prior to returning
from a personal medical leave;
b. A Teacher returning
from Family/Medical leave has no greater rights to a position
than had he/she been continuously working during the leave period
(e.g. in case of RIF);
-
- c. Where the Teacher
seeks an intermittent/reduced schedule medical leave, the District
may temporarily transfer the Teacher to an available alternative
position with equivalent pay and benefits for which the Teacher
is qualified if the transfer better accommodates the requested
recurring periods of leave; and
-
- d. A Teacher on
an approved Family/Medical leave may not perform work for another
educational employer during the leave.
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