PERSONNEL
409.1
LICENSED EMPLOYEE VACATION - HOLIDAYS - PERSONAL LEAVE
The board shall determine the amount of vacation, holidays, and personal leave that will be allowed on an annual basis for licensed employees.
It shall be the responsibility of the superintendent to make a recommendation to the board on vacations, holidays, and personal leave for licensed employees.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the vacations, holidays and personal leave of such employees shall be followed.
Legal Reference: Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (2001).
Cross Reference: 414.1 Classified Employee Vacations - Holidays -Personal Leave
601.1 School Calendar
Approved: 1/21/99
Reviewed: 1/18/2021
Revised:
PERSONNEL
409.2
LICENSED EMPLOYEE PERSONAL ILLNESS LEAVE
All regular full-time employees (working 5 days per week) shall receive fifteen (15) days for sick leave for the first and each succeeding year of employment up to and including one hundred twenty (120) days at the end of any fiscal year (June 30). Experienced employees hired into the district for the first time shall be credited up to thirty (30) days cumulative sick leave, if these days have been accumulated during the employment in a previous school district within the past two years. These thirty (30) days of credit will stand without additional days to be credited until the beginning of the third year in this system. For all regular part-time employees (working less than 5 days per week) leave will be on a pro-rata basis consistent with their hours of
employment and with this policy.
Should the personal illness occur after or extend beyond the sick leave accumulated allowance, the employee may apply for disability benefits under the group insurance plan. If the employee does not qualify for disability benefits, the employee may request a leave of absence without pay.
Evidence may be required regarding the mental or physical health of the employee when the administration has a concern about the employee's health. Evidence may also be required to confirm the employee's illness, the need for the illness leave, the employee's ability to return to work, and the employee's capability to perform the duties of the employee's position. It shall be within the discretion of the board or the superintendent to determine the type and amount of evidence necessary. In the event the employee is absent for more than three (3) consecutive working days, the employee shall furnish the Superintendent or designee a statement from a licensed physician stating that the employee was unable to perform such duties of employment for the period of absence and that the employee is now able to return to work.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the personal illness leave of such employees shall be followed.
Legal Reference: Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
26 U.S.C. § 2601 et seq. (Supp. 1993)
29 C.F.R. Pt. 825 (1993).
Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2001).
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.
1952 Op. Att'y Gen. 91.
Cross Reference: 403.2 Employee Injury on the Job
409.3 Licensed Employee Family and Medical Leave
409.8 Licensed Employee Unpaid Leave
Approved: 1/21/99
Reviewed: 1/18/2021
Revised:
PERSONNEL
409.3
LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE
Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life. For purposes of this policy, year is defined as the employee's contract year. Requests for family and medical leave shall be made to the superintendent.
Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules. Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave. It shall be the responsibility of the superintendent to develop administrative rules to implement this policy.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding family and medical leave of such employees shall be followed.
Legal Reference: Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).
26 U.S.C. § 2601 et seq. (Supp. 1993)
29 C.F.R. Pt. 825 (1993).
Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2001).
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.
1952 Op. Att'y Gen. 91.
Cross Reference: 409.2 Licensed Employee Personal Illness Leave
409.8 Licensed Employee Unpaid Leave
414.3 Classified Employee Family and Medical Leave
Approved: 1/21/99
Reviewed: 1/18/2021
Revised:
PERSONNEL
409.3E1
LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES
YOUR RIGHTS UNDER THE FAMILY ANDMEDICAL LEAVE ACT OF 1993
The FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons. Employees are eligible of they have worked for a covered employer for at least one year and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles.
REASONS FOR TAKING LEAVE
Unpaid leave must be granted for any of the following reasons:
· To care for the employee's child after birth, or placement for adoption or foster care.
· To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or
· For a serious health condition that makes the employee unable to perform the employee's job.
At the employee's or employer's option, certain kinds of paid leave my be substituted for unpaid leave.
ADVANCE NOTICE AND MEDICAL CERTIFICATION
The employee may be required to provide advance leave notice and medical certification. Taking leave may be denied of requirements are not med.
· The employee ordinarily must provide 30 days advance notice when the leave is "foreseeable."
· An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer’s expense) and a fitness for duty report to return to work.
JOB BENEFITS AND PROTECTION
· For the duration of the FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan.”
· Upon the return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
· The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
UNLAWFUL ACTS BY EMPLOYERS
FMLA makes it unlawful for any employer to:
· interfere with, restrain, or deny the exercise of any right provided under FMLA:
· discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
ENFORCEMENT
· The U.S. Department of labor is authorized to investigate and resolve complaints of violations.
· An eligible employee may bring a civil action against an employer for violations.
FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State of local law or collective bargaining agreement which provides greater family or medical leave rights.
FOR ADDITIONAL INFORMATION
Contact the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of Labor
Approved: 1/21/99
Reviewed: 1/18/2021
Revised:
PERSONNEL
409.3E2
LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM
Date:
I, , request family and medical leave for the following reason: (check all that apply)
for the birth of my child;
for the placement of a child for adoption or foster care;
to care for my child who has a serious health condition;
to care for my parent who has a serious health condition;
to care for my spouse who has a serious health condition; or
because I am seriously ill and unable to perform the essential functions of my
position.
I acknowledge my obligation to provide medical certification of my serious health condition or that of a family member in order to be eligible for family and medical leave within 15 days of the request for certification.
I acknowledge receipt of information regarding my obligations under the family and medical leave policy of the school district.
I request that my family and medical leave begin on and I request leave as follows: (check one)
continuous
I anticipate that I will be able to return to work on .
intermittent leave for the:
birth of my child or adoption or foster care placement subject to agreement
by the district
serious health condition of myself, parent, or child when medically
necessary
Details of the needed intermittent leave:
I anticipate returning to work at my regular schedule on .
reduced work schedule for the:
birth of my child or adoption or foster care placement subject to agreement
by the school district
serious health condition of myself, parent, or child when medically
necessary
Details of needed reduction in work schedule as follows:
I anticipate returning to work at my regular schedule on .
I realize I may be moved to an alternative position during the period of the family and medical intermittent or reduced work schedule leave. I also realize that with foreseeable intermittent or reduced work schedule leave, subject to the requirements of my health care provider, I may be required to schedule the leave to minimize school district operations.
While on family and medical leave, I agree to pay my regular contributions to employer sponsored benefit plans. My contributions shall be deducted from moneys owed me during the leave period. If no monies are owed me, I shall reimburse the school district by personal check (cash) for my contributions. I understand that I may be dropped from the employer-sponsored benefit plans for failure to pay my contribution.
I agree to reimburse the school district for any payment of my contributions with deductions from future monies owed to me or the school district may seek reimbursement of payments of my contributions in court.
I acknowledge that the above information is true to the best of my knowledge.
Signed
Date
PERSONNEL
409.3E3
LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM
1. Employee’s Name 2. Patient’s Name (if other than employee)
3. Diagnosis
4. Date condition commenced 5. Probable duration of condition
6. Regimen of treatment to be prescribed (indicate number of visits, general nature and duration of treatment, including referral to other provider of health services. Include schedule of visits or treatment, if it is medically necessary for the employee to be off work on an intermittent basis or to work less than the employee’s normal schedule of hours per day or days per week.)
a. By Physician or Practitioner
b. By another provider of health services, if referred by Physician or Practitioner
If this certification relates to care for the employee’s seriously-ill family member, skip items 7, 8 and 9 and proceed to items 13 thru 20 on reverse side. Otherwise, continue below.
Check Yes or No in the boxes below, as appropriate
7. Is inpatient hospitalization of the employee required? Yes No
8. Is employee able to perform work of any kind? (if “No”, skip item 9) Yes No
9. Is employee able to perform the functions of employee’s position? (Answer after reviewing statement from employer of essential functions of employee’s position, or, if none provided, after discuss with employee) Yes No
10. Signature of Physician or Practitioner 11. Date 12. Type of Practice (Field of Specialization, if any)
LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM
For certification relating to care for the employee’s seriously ill family member, complete items 13 thru 17 below as they apply to the family member and proceed to item 20.
13. Is inpatient hospitalization of the family member (patient) required? Yes No
14. Does (or will) the patient require assistance for basic medical, hygiene, nutritional needs, safety or transportation?
Yes No
15. After review of the employee’s signed statement (See item 17 below), is the employee’s presence necessary or would it be beneficial for the care of the patient? (This may include psychological comfort.) Yes No
16. Estimate the period of time care is needed or the employee’s presence would be beneficial.
Item 17 is to be completed by the employee needing family leave
17. When Family Leave is needed to care for a seriously ill family member, the employee shall state the care he or she will provide and an estimate of the time period during which this care will be provided, including a schedule if leave is to be taken intermittently or on a reduced leave schedule.
18. Employee Signature 19. Date
20. Signature of Physician or Practitioner 21. Date 22. Type of Practice (Field of Specialization, if any)
PERSONNEL
409.3E4
LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST WORK SHEET
Complete this work sheet upon receiving a request for family and medical leave that may qualify under the Family Medical Leave Act. Be sure to note the requirements relating to family and medical leave in the school district's policy/collective bargaining agreement prior to relying on this work sheet as the sole source of the school district's obligations. Also be sure to note the definitions in Exhibit A-R2.
Section I: Eligible Employee. (Please check all that apply.)
Covered by a policy/collective bargaining agreement. (If checked, please move to Section II.)
The employee must meet all criteria below to move to Section II.
50 or more employees are on the payroll of or under contract to the school district.
Worked 52 weeks in the school district (consecutive or nonconsecutive). OR
Worked 12 months in the school district (consecutive or nonconsecutive).
Worked 1250 hours for the school district in 12 months prior to the request. Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hours required.
Section II: Family and Medical Leave Purpose. (One must be checked to move to Section III.)
Birth and care of newborn prior to first anniversary of child's birth.
Care of adopted child or foster care child prior to first anniversary of placement.
Care for serious health condition of spouse, child, child for which employee is "in loco parentis" and for any of these if they are over eighteen and have a disability which prevents the child from caring for himself or herself.
Requested medical certification for family and medical leave due to a
serious health condition of the spouse, parent or child on
(date).
Received medical certification within 15 days of the request on
(date).
Serious health condition of the employee.
Requested medical certification for family and medical leave due to a
serious health condition of the employee on (date).
Received medical certification within 15 days of the request on
(date).
Other purposes contained in a policy/collective bargaining agreement.
Section III: Timing of Family and Medical Leave Request.
Date of family and medical leave request (date).
Date family and medical leave to begin (date).
Provide FMLA leave information to employee at time of request _ (date).
(If one is checked, please move to Section IV.)
Leave request for foreseeable family and medical leave is 30 days prior to date family and medical leave begins.
Leave request for foreseeable family and medical leave is in compliance with policy/collective bargaining agreement.
Leave request for foreseeable family and medical leave was made as soon as practicable, and no later than one business day, prior to date family and medical leave begins.
Leave request for unforeseeable family and medical leave was made in accordance with the policy/collective bargaining agreement timelines.
Section IV: Calculation of Available Family and Medical Leave.
Beginning date for 12-month entitlement period: (Check the method adopted by the school district.)
July 1 (fiscal year)
January 1 (calendar year)
September 1 (school year)
First day of forward 12-month entitlement period
First day of rolling backward 12-month entitlement period
Collective bargaining agreement year
Other
Total family and medical leave for the 12-month entitlement period 12 weeks
Leave taken to date in the entitlement period -
Leave available for the entitlement period
If sufficient family and medical leave is available and the employee qualifies for family and medical leave, the family and medical leave will be granted in accordance with the policy/collective bargaining agreement.
The employee must be informed that the actual family and medical leave taken will be credited to the employee's 12-week entitlement.
If both spouses are employed by the school district, they may only take a combined total of 12 weeks during the entitlement period for the birth, adoption or foster care placement prior to the first anniversary of the child's birth or placement and for the care of a parent with a serious health condition.
If insufficient family and medical leave is available, the school district may award only the family and medical leave available or award the family and medical leave in accordance with other provisions of the policy/collective bargaining agreement.
Section V: Types of Family and Medical Leave. (Please check all that apply.)
Continuous leave for purposes listed in Section II.
Intermittent leave for birth, adoption or foster care placement prior to first anniversary of child's birth or placement with school district approval in accordance with other provisions of the policy/collective bargaining agreement.
Reduced work schedule leave for birth, adoption or foster care placement prior to first anniversary of child's birth or placement with school district approval in accordance with other provisions of the policy/collective bargaining agreement.
Intermittent leave if medically necessary for serious health condition of employee or family member and arranged as much as possible to not disrupt the school district's operation.
Reduced work schedule leave if medically necessary for serious health condition of employee or family member and arranged as much as possible to not disrupt the school district's operation.
Others contained in a policy/collective bargaining agreement. (Please specify.)
Section VI: Instructional Employee Intermittent or Reduced Schedule Leave.
A policy/collective bargaining agreement extends this rule to non-instructional employees.
A policy/collective bargaining agreement eliminates this rule for instructional employees.
Instructional employees' intermittent or reduced schedule leave for greater than 20 percent of the work days in the family and medical leave period.
Total number of days during leave period
X .20
20 percent of leave days
Days of leave requested
If the number of days requested exceeds 20 percent of the family and medical leave days, the school district may require the instructional employee to take family and medical leave for the entire leave period OR transfer the instructional employee to an alternate position with equivalent pay and benefits. The employee must be informed that the actual family and medical leave taken will be credited to the employee's 12-week entitlement.
Section VII: Instructional Employees Family and Medical Leave Special Rules.
Instructional employee.
A policy/collective bargaining agreement extends one or all of these rules to
noninstructional employees.
A policy/collective bargaining agreement eliminates one or all of these rules for
instructional employees.
The school district can require the employee to remain on family and medical leave until
end of the semester if each of the following apply:
Leave begins prior to five weeks before end of semester;
Leave is for three weeks or more; and
Employee will return during last three weeks of semester.
Last work day of the semester
Date of fifth week before end of the semester
Date of third week before end of the semester
Date of requested leave
Length of requested leave
Date of return from leave
The school district can require employee to remain on family and medical leave for leave other than an employee's serious health condition until end of semester if each of the following apply:
Leave begins during last five weeks before end of semester;
Leave is greater than two weeks; and
Employee will return during last two weeks of semester.
Last work day of the semester
Date of fifth week before end of the semester
Date of second week before end of the semester
Date of requested leave
Length of requested leave
Date of return from leave
The school district can require the employee to remain on family and medical leave for purpose other than an employee's serious health condition until the end of the semester if each of the following apply:
Leave begins during last three weeks before end of the semester; and
Leave is greater than five working days.
Last work day of the semester
Date of third week before end of the semester
Date of requested leave
Length of requested leave
The employee must be informed that the actual family and medical leave taken under these rules will be credited to the employee's 12-week entitlement.
Section VIII: Paid or Unpaid Family and Medical Leave.
Provide employee notice whether the family and medical leave is paid or unpaid leave after completing the work sheet in accordance with the policy/collective bargaining agreement.
Policy/collective bargaining agreement allows substitution of paid leave for family and medical leave.
Family and medical leave is unpaid leave.
Section IX: Employee Progress Report.
Arrangements are made with the employee to report to the school district on a regular basis during the family and medical leave (please specify).
Requested medical recertification for family and medical leave due to a serious health condition of the spouse, parent or child on (date).
Received medical recertification within 15 days of the request on (date).
Section X: Employee Benefits During Family and Medical Leave.
The employee's health insurance coverage must be continued during the period of family and medical leave. The school district may choose to continue other employee benefits to ensure their restoration along with the health insurance upon the employee's return to work. The employee will pay the employee's share of health insurance and other benefits during the leave period.
Arrangements have been made with the employee to continue the employee's share of health insurance premiums while on family and medical leave:
From monies due to the employee
By the first of each month from the employee
Other (please specify)
Arrangements have been made with the employee to continue the employee's share of the employee's other benefits while on family and medical leave:
From monies due to the employee
By the first of each month from the employee
Other (please specify)
The employee has chosen to discontinue all employee benefits while on family and medical leave.
Employees who fail to provide payment of the employee's share of benefits premium during the period of family and medical leave have 15 days following notice to pay the employee's share.
Employees who fail to pay within 15 days after receiving notice of payment due may have employee benefits discontinued.
The school district will deduct unpaid employee portion of benefits from monies due to the employee upon return to work, and the employee has signed a written statement authorizing the deduction.
The school district will seek recovery of unpaid employee portion of benefits through small claims court or other appropriate recovery process.
Even if the employee chooses to discontinue employee benefits during the period of family and medical leave, the school district should exercise great care before discontinuing employee benefits. The school district is required to restore the employee to full benefits when the employee returns to work, including group health insurance, without any qualifying period, physical examination, exclusion of pre-existing conditions and other similar requirements.
The school district may discontinue the employee's benefits upon receipt of written notice of the employee's intent not to return to work.
Section XI: Key Employees.
Salaried employees among the highest paid ten percent of a school district's employees are considered key employees of the school district.
Year-to-date earnings for employee
Total weeks of work and paid leave /
Highest pay for employee =
Provide notice to key employees stating they are a key employee and they may not be reinstated at end of the family and medical leave period if substantial and grievous economic injury exists.
Compile data to justify substantial and grievous economic injury. Substantial and grievous economic injury does not include minor inconvenience and costs typical to the normal operation of the school district.
The key employee is entitled to benefits during the family and medical leave in the same manner as other employees.
Section XII: Employee's Return to Work.
Employee is fully restored the same or an equivalent position with:
Pay and benefits
Health insurance
Life insurance
Other benefits or requirements in a policy/collective bargaining
agreement
PERSONNEL
409.3R1
LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REGULATION
A. School district notice.
1. The school district will post the notice in 409.3E1 regarding family and medical leave.
2. Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually.
3. When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements. Such information will include:
a. a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement;
b. a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so;
c. an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and
d. a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.
B. Eligible employees.
Employees are eligible for family and medical leave if three criteria are met.
1. The school district has more than 50 employees on the payroll at the time leave is requested;
2. The employee has worked for the school district for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and
3. The employee has worked at least 1,250 hours within the previous year. Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.
If the employee requesting leave is unable to meet the above criteria, then the employee is not eligible for family and medical leave.
C. Employee requesting leave -- two types of leave.
1. Foreseeable family and medical leave.
a. Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.
b. Employee must give at least thirty days notice for foreseeable leave. Failure to give the notice may result in the leave beginning thirty days after notice was received.
c. Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district. The scheduling is subject to the approval of the health care provider.
2. Unforeseeable family and medical leave.
a. Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.
b. Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.
c. A spouse or family member may give the notice if the employee is unable to personally give notice.
D. Eligible family and medical leave determination.
1. Four purposes.
a. The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;
b. The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;
c. To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition; or
d. Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.
2. Medical certification.
a. When required:
(1) Employees shall be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job.
(2) Employees shall be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.
b. Employee's medical certification responsibilities:
(1) The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.
(2) The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the school district has reason to doubt the validity of the certification an employee submits. The second health care provider cannot, however, be employed by the school district on a regular basis.
(3) If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the serious health condition. This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district. This certification or lack of certification is binding upon both the employee and the school district.
c. Medical certification will be required fifteen days after family and medical leave begins unless it is impracticable to do so. The school district may request recertification every thirty days. Recertification must be submitted within fifteen days of the school district's request.
Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification shall be denied until such certification is provided.
E. Entitlement.
1. Employees are entitled to twelve weeks unpaid family and medical leave per year.
2. Year is defined as a school year
measured forward from the first day leave is used, or
measured backward from the date leave is used.
3. If insufficient leave is available, the school district may:
a. Deny the leave if entitlement is exhausted
b. Award leave available
F. Type of Leave Requested.
1. Continuous - employee will not report to work for set number of days or weeks.
2. Intermittent - employee requests family and medical leave for separate periods of time.
a. Intermittent leave is available for:
(1) Birth, adoption or foster care placement of child only with the school district's agreement.
(2) Serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.
b. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.
c. During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits. (For instructional employees, see G below.)
3. Reduced work schedule - employee requests a reduction in the employee's regular work schedule.
a. Reduced work schedule family and medical leave is available for:
(1) Birth, adoption or foster care placement and subject to the school district's agreement.
(2) Serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.
b. In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.
c. During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and benefits. (For instructional employees, see G below.)
G. Special Rules for Instructional Employees.
1. Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting. This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.
2. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent of the work days in the leave period may be required to:
a. Take leave for the entire period or periods of the planned medical treatment; or
b. Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.
3. Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester. The number of weeks remaining before the end of a semester do not include scheduled school breaks, such as summer, winter or spring break.
a. If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.
b. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.
c. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.
4. The entire period of leave taken under the special rules is credited as family and medical leave. The school district will continue to fulfill the school district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.
H. Employee responsibilities while on family and medical leave.
1. Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.
2. The employee contribution payments will be deducted from any money owed to the employee or the employee shall reimburse the school district at a time set by the superintendent.
3. An employee who fails to make the health care contribution payments within fifteen days after they are due will be notified that their coverage may be canceled if payment is not received within an additional 15 days.
4. An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request.
5. The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.
6. If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return. The school district will cease benefits upon receipt of this notification.
I. Use of paid leave for family and medical leave.
An employee may substitute unpaid family and medical leave with paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement. Paid leave includes, but is not limited to, sick leave, family illness leave, vacation, personal leave, bereavement leave and professional leave.
Approved: 1/21/99
Reviewed: 1/18/2021
Revised:
PERSONNEL
409.3R2
LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS
Common law marriage-according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife. There is no time factor that needs to be met in order for there to be a common law marriage.
Continuing treatment by a health care provider-one or more of the following:
· The employee or family member in question is treated two or more times for the injury or illness by a health care provider. Normally this would require visits to the health care provider or to a nurse or physician's assistant under direct supervision of the health care provider.
· The employee or family member is treated for the injury or illness two or more times by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider, or is treated for the injury or illness by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider--for example, a course of medication or therapy--to resolve the health condition.
· The employee or family member is under the continuing supervision of, but not necessarily being actively treated by, a health care provider due to a serious long-term or chronic condition or disability which cannot be cured. Examples include persons with Alzheimer's, persons who have suffered a severe stroke, or persons in the terminal stages of a disease who may not be receiving active medical treatment.
Eligible Employee-the district has more than 50 employees on the payroll at the time leave is requested. The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.
Essential Functions of the Job-those functions which are fundamental to the performance of the job. It does not include marginal functions.
Employment benefits-all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."
Family Member-individuals who meet the definition of son, daughter, spouse or parent.
Group health plan-any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.
Health care provider-
· A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
· Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and
· Nurse practitioners and nurse-midwives who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and
· Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts.
In loco parentis-individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.
Incapable of self-care-that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or "ADLs." Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.
Instructional employee-an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.
Intermittent leave-leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.
Medically Necessary-certification for medical necessity is the same as certification for serious health condition.
"Needed to Care For"-the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care. For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment. It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.
Parent-a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child. Parent does not include parent-in-law.
Physical or mental disability-a physical or mental impairment that substantially limits one or more of the major life activities of an individual.
Reduced leave schedule-a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.
Serious health condition-an illness, injury, impairment, or physical or mental condition that involves:
· Any period of incapacity or treatment in connection with or consequent to inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility;
· Any period of incapacity requiring absence from work, school, or other regular daily activities, of more than three calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider; or
· Continuing treatment by (or under the supervision of) a health car provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days; and for prenatal care.
· Voluntary or cosmetic treatments (such as most treatments for orthodontia or acne) which are not medically necessary are not "serious health conditions," unless inpatient hospital care is required. Restorative dental surgery after an accident, or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met. Treatments for allergies or stress, or for substance abuse, are serious health conditions if all the conditions of the regulation are met. Prenatal care is included as a serious health condition. Routine preventive physical examinations are excluded.
Son or daughter-a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis. The child must be under age 18 or, if over 18, incapable of self-care because of a mental or physical disability.
Spouse-a husband or wife recognized by Iowa law including common law marriages.
Approved: 1/21/99
Reviewed: 1/18/2021
Revised:
PERSONNEL
409.4
LICENSED EMPLOYEE BEREAVEMENT LEAVE
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the bereavement leave of such employees shall be followed.
Approved: 1/21/99
Reviewed: 1/18/2021
Revised: 4/08/02
PERSONNEL
409.5
LICENSED EMPLOYEE POLITICAL LEAVE
The board will provide a leave of absence to licensed employees to run for elective public office. The superintendent shall grant a licensed employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.
The licensed employee will be entitled to one period of leave to run for the elective public office, and the leave may commence within thirty days of a contested primary, special, or general election and continue until the day following the election.
The request for leave must be in writing to the superintendent of schools at least thirty days prior to the starting date of the requested leave.
NOTE: Iowa law gives employees a right to political leave to run for public office. This policy reflects the law.
Legal Reference: Iowa Code ch. 55 (2001).
Cross Reference: 401.9 Employee Political Activity
409 Licensed Employee Vacations and Leaves of Absence
Approved: 1/21/99
Revised:
Reviewed: 1/18/2021
PERSONNEL
409.6
LICENSED EMPLOYEE JURY DUTY LEAVE
The board will allow licensed employees to be excused for jury duty unless extraordinary circumstances exist. The superintendent has the discretion to determine when extraordinary circumstances exist.
Employees who are called for jury service shall notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district. The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.
Licensed employees will receive their regular salary. Any payment for jury duty shall be paid to the school district, less any travel allowance.
NOTE: This policy reflects the practice that the employee sign over checks received for jury duty to the school district.
Legal Reference: Iowa Code §§ 20.9; 607A (2001).
Cross Reference: 409 Licensed Employee Vacations and Leaves of Absence
Approved: 1/21/99
Revised: 4/08/02
Reviewed: 1/18/2021
PERSONNEL
409.7
LICENSED EMPLOYEE MILITARY SERVICE LEAVE
The board recognizes licensed employees may be called to participate in the armed forces, including the national guard. If a licensed employee is called to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.
The leave shall be without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.
NOTE: This policy reflects Iowa law.
Legal Reference: Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
Iowa Code §§ 20; 29A.28 (2001).
Cross Reference: 409 Licensed Employee Vacations and Leaves of Absence
Approved: 1/21/99
Reviewed: 1/18/2021
Revised:
PERSONNEL
409.8
LICENSED EMPLOYEE UNPAID LEAVE
Unpaid leave may be used to excuse an involuntary absence not provided for in this or other leave policies of the board. Unpaid leave for licensed employees must be authorized by the superintendent.
The superintendent shall have complete discretion to grant or deny the requested unpaid leave. In making this determination, the superintendent shall consider the effect of the employee's absence on the education program and school district operations, length of service, previous record of absence, the financial condition of the school district, the reason for the requested absence and other factors the superintendent believes are relevant to making this determination.
If unpaid leave is granted, the duration of the leave period shall be coordinated with the scheduling of the education program whenever possible to minimize the disruption of the education program and school district operations.
Whenever possible, licensed employees shall make a written request for unpaid leave five (5) days prior to the beginning date of the requested leave. If the leave is granted, the deductions in salary shall be made unless they are waived specifically by the superintendent.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the unpaid leave of such employees shall be followed.
Legal Reference: Iowa Code §§ 20; 85; 85A; 85B; 279.12; 509; 509A; 509B (2001).
Cross Reference: 409 Licensed Employee Vacations and Leaves of Absence
Approved: 1/21/99
Reviewed: 1/18/2021
Revised: