Family and Medical Leave Procedure
Who Is Eligible: Employees are eligible if they have worked for the RISE Charter School for at least one year, and for 1,250 hours over the previous 12 months, and otherwise qualify pursuant to applicable federal laws.
Benefit: Under certain conditions, eligible employees, if qualified, may be entitled to up to 12 weeks leave with continuing participation in the RISE Charter School’s group insurance plan.
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.
Reasons for Taking Leave: Unpaid leave will be granted to eligible employees for any of the following reasons:
1. To care for the employee’s child after birth, or placement of a child for adoption or foster care with the employee; or
2. To care for the employee’s spouse, child, or parent (not including parents in-law) who has a serious health condition; or
3. For a serious health condition that makes the employee unable to perform the employee’s job; or
4. 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 support of a contingency operation.
Substitution of Paid Leave: Paid leave will be substituted for unpaid leave under the following circumstances:
1. Accumulated sick or personal leave will be utilized concurrently with any FMLA leave that is taken for a serious health reason as described in 2 or 3 above;
2. Accumulated vacation or personal leave will be utilized concurrently with any FMLA leave that is taken for a family reason as described in 1 above;
3. Accumulated sick leave will be utilized concurrently with FMLA leave whenever the FMLA leave is taken for reasons which qualify for sick leave benefits pursuant to RISE Charter School policy; and
4. Whenever appropriate, workers’ compensation absences shall be designated FMLA leave.
When Spouses are RISE Charter School Employees: If spouses are employed by the RISE Charter School, they each are entitled to a total of 12 weeks of leave per year. However, where the reason for the leave is for birth of a child, or because of adoption or foster care, or to care for a sick parent, such leave may be limited to an aggregate of 12 weeks, between the married employees.
Advance Notice: Employees must provide 30 days advance notice when the leave is foreseeable. In other situations an employee must give notice as soon as practicable. Leave may be allowed in emergency situations when no advance warning is possible. Inexcusable delays in notifying the RISE Charter School may result in the delay or denial of leave.
Requests: A sick leave request form is to be completed whenever an employee is absent from work for more than three days or when an employee has need to be absent from work for continuing treatment by or under the supervision of a health care provider.
Medical Certification: The RISE Charter School will require medical certification to support a request for leave or any other absence because of a serious health condition (at employee expense), and may require second or third opinions (at the employer’s expense) and a fitness for duty report to return to work statement.
Intermittent/Reduced Leave: FMLA leave may be taken “intermittently or on a reduced leave schedule” under certain circumstances. Where leave is taken because of birth or placement of a child for adoption or foster care, an employee may take leave intermittently or on a reduced leave schedule only with the approval of the RISE Charter School. Where FMLA leave is taken to care for a sick family member or for an employee’s own serious health condition, leave may be taken intermittently or on a reduced leave schedule when medically necessary. An employee may be reassigned to accommodate intermittent or reduced leave. When an employee takes intermittent leave or leave on a reduced leave schedule, increments will be limited to the shortest period of time that the RISE Charter School’s payroll system uses to account for absences or use of leave.
Insurance: An employee out on FMLA leave is entitled to continued participation in the appropriate group health plan, but it is incumbent upon the employee to continue paying the portion of the premiums the employee usually pays throughout the leave period. An employee’s eligibility to maintain health insurance coverage will lapse if the premium payment is more than 30 days late. The RISE Charter School will mail notice of delinquency at least 15 days before coverage will cease.
Return: Upon return from FMLA leave, reasonable effort shall be made to place the employee in the original or equivalent position with equivalent pay, benefits, and other employment terms.
Record Keeping: Employees, supervisors, and building administrators will forward requests, forms, and other material to payroll to facilitate proper record keeping.
Summer Vacation: The period during the summer vacation or other scheduled breaks, such as Christmas, an employee would not have been required to work will not count against that employee’s FMLA leave entitlement.
Special Rules for Instructional Employees
Leave More Than Five Weeks Before End of Term: If an instructional employee begins FMLA leave more than five weeks before the end of term, the RISE Charter School may require the employee to continue taking leave until the end of a semester term if:
1. The leave is at least three weeks; and
2. The employee’s return would take place during the last three-week period of the semester term.
Leave Less Than Five Weeks Before End of Term: If an instructional employee begins FMLA leave for a purpose other than that employee’s own serious health condition less than five weeks before the end of term, the RISE Charter School may require the employee to continue taking leave until the end of a semester term if:
1. The leave is longer than two weeks; and
2. The employee’s return would take place during the last two-week period of the semester term.
Leave Less Than Three Weeks Before End of Term: If an instructional employee begins FMLA leave for a purpose other than that employee’s own serious health condition less than three weeks before the end of term, the RISE Charter School may require the employee to continue taking leave until the end of the academic term if the leave is longer than five days.
Intermittent or Reduced Leave: Under certain conditions, an instructional employee needing intermittent or reduced leave for more than 20% of the total working days over the leave period may be required by the RISE Charter School to:
1. Take leave for a period(s) of particular duration not to exceed the duration of treatment; or
2. Transfer to an alternate but equivalent position.
Employee Notification of Policy
A general notice from the Department of Labor explaining the FMLA's provisions and complaint procedures will be posted prominently where it can be readily seen by employees and applicants and shall either be distributed to each new employee upon hiring or will be included in employee handbooks or other written guidance concerning benefits or leave rights. No notification of rights under the FMLA or related regulations should be construed to alter any applicable at-will employment relationship between the RISE Charter School and an employee.
Procedure History
Promulgated on: July 12, 2021
Revised on:
Reviewed on: