Leave under situations “3” and “4” may be taken intermittently or on a reduced leave schedule when medically
necessary. If an employee requests such leave that is foreseeable based on planned medical treatment, the district may
require such employee to transfer temporarily to an available alternative position for which the employee is qualified
and that (a) has equivalent pay and benefits; and (b) better accommodates recurring periods of leave than the regular
employment position of the employee.
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1
In those instances where the district under its standard “sick leave” policy already provides for paid or unpaid leave in
any of these categories, “FMLA” leave extends that leave period to twelve weeks with the period added by “FMLA”
leave being unpaid. If the district already provides for twelve or more weeks of leave in any category, the “FMLA”
leave would not add any more leave for that category. Where the district provides paid leave, the district shall require
the employee to use any accrued paid leave as “FMLA” leave.
2
The term “serious health condition” means an illness, injury, impairment, or physical or mental condition that
involves (a) inpatient care in a hospital, hospice, or residential medical care facility; or (b) continuing treatment by a
health care provider.
3
For example, the district will continue coverage for the employee under any group health plan offered by the district in
which employee is a participant.
Substitution for paid leave
An employee using “FMLA” leave shall be required to substitute and exhaust any accrued paid vacation leave, personal
leave, or sick leave of the employee in the exercise of “FMLA” leave. If such accrued paid leave is not sufficient to
cover the “FMLA” leave entitlement, the additional days of leave necessary to satisfy the “FMLA” entitlement shall be
without compensation. The limit for use of accrued paid sick leave for adoption, foster placement, or birth and
first-year care of a child, will be thirty (30) days or the actual number of accrued days credited to the employee if less
than thirty (30). Days beyond thirty (30) or the actual number will be unpaid.
Foreseeable leave
When “FMLA” leave is foreseeable, the employee must provide at least thirty (30) days notice of the date when leave is
to begin - unless circumstances dictate otherwise. In addition, with respect to family or employee medical treatments
which are foreseeable, the employee shall make a reasonable effort to schedule treatment (including intermittent and
reduced hour leave) so as not to disrupt unduly the operation of the district.
Certification to take leave
The district requires the employee to provide timely certification from his/her health care provider, or a family
member’s health care provider as to (a) the date that the condition commenced, (b) the duration, (c) the necessity for the
employee’s leave, (d) the employee’s inability to perform his/her job functions, or (e) Form WH-384 or WH-385, as
applicable. Where doubt exists as to the certification, the district, at its own expense, may designate a second health
care provider (other than a district employee) to provide a second opinion - with the opinion of a third health care
provider, if necessary, to be binding.
Certification to continue leave
The district may require certification from the health care provider that a serious medical condition of the employee or
family member continues to prevent the employee from returning to
Certification to return from leave
Upon return to work, the district requires the employee to provide certification by his/her health provider that the
employee is able to resume work. Furthermore, if state or local law requires a public health official to examine an
employee as a condition for returning to work, the employee must fulfill that requirement in order to return to work.
Failure to return from leave/recovery of health premiums
If an employee fails to return to work after the leave period has expired (other than family or personal illness or other
circumstances beyond his or her control), the employer may recover the premium expenditures extended during the
leave period.
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