Policy 5410 - Family and Medical Leave Act

Family and Medical Leave

In accordance with Kimberly School Board Policy 5328 – Family Medical Leave

In accordance with the provisions of the Family Medical Leave Act (FMLA) of 1993, a leave of absence of up to twelve 12 weeks during a 12 month period may be granted to an eligible employee for the following reasons:

  1. The birth of a child;
  2. The placement of a child for adoption or foster care with the employee;
  3. A serious health condition that makes the employee unable to perform the functions of the job;
  4. To care for the employee's spouse, child, or parent with a serious health condition; or
  5. For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent of the employee is on active duty status, or has been notified of an impending call to active duty status, in the Armed Forces.

An employee is eligible to take FMLA leave if the employee has been employed for at least 12 months, and has worked at least 1,250 hours during the 12 months immediately prior to the date when the leave is requested and otherwise qualifies pursuant to applicable federal laws

An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to 26 weeks of leave in a single 12 month period to care for the service members.

Employees will be required to use appropriate paid leave while on FMLA Leave. Workers Compensation absences will not be designated FMLA Leave.

The Board has determined that the 12 month period during which an employee may take FMLA leave is July 1 to June 30 OR the calendar year OR 12 months forward from the date of a particular employee’s first FMLA leave OR 12 months backward from the date of FMLA Leave.

Medical certification shall be required to determine FMLA initial or continued eligibility as well as fitness for duty.

Legal References:   
Pub. L. 103–3  Family Medical Leave Act of 1993 (FLMA)
Pub. L. 110-181  National Defense Authorization Act (NDAA) for FY 2008                                 
29 C.F.R. Part 825  Implementing the Family Medical Leave Act of 1993

NOTE: The FMLA applies to all school RISE Charter Schools as they are public agencies, and therefore covered employers under the act.

Policy History
Adopted on: July 12, 2021
Revised on:
Reviewed on: