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5404 (P) - Family and Medical Leave

BOARD POLICY No. 5404

FAMILY AND MEDICAL LEAVE

General

Employees who have been employed for at least one (1) year, and for at least 1,250 hours during the preceding 12-month period are eligible for family and medical leave.
Family or medical leave will consist of appropriate accrued paid leave and unpaid leave. If family or medical leave is used for an employee’s own serious health condition, the employee must simultaneously use all of his or her accrued paid vacation leave, sick leave or personal leave. If family or medical leave is used for any of the other reasons listed below, an employee must simultaneously use all of his or her accrued paid vacation or personal leave. The remainder of the leave period will then consist of unpaid leave.

Reasons for Leave

All employees who meet the applicable time of service requirements may be granted family or medical leave consisting of appropriate accrued paid leave and unpaid leave, for a period of twelve (12) weeks (during any 12-month period) for the following reasons:

    1. the birth of the employee’s child and in order to care for the child;
    2. the placement of a child with the employee for adoption or foster care;
    3. to care for a spouse, child or parent who has a serious health condition; or
    4. a serious health condition that renders the employee incapable of performing the functions of his or her job.

The entitlement to leave for the birth or placement of a child for adoption or foster care will expire twelve (12) months from the date of the birth or placement.

Procedure for Requesting Leave

In all cases, an employee requesting leave must complete an “Application for Family and Medical Leave” and return it to the Personnel Office. The completed application must state the reason for the leave, the duration of the leave, and the starting and ending dates of the leave.

An employee intending to take family or medical leave because of an expected birth or placement, or because of a planned medical treatment, must submit an application for leave at least thirty (30) days before the leave is to begin. If leave is to begin within thirty (30) days, an employee must give notice to his or her supervisor and the Personnel Office as soon as the necessity for the leave arises.

Medical Certification

An application for leave based on the serious health condition of the employee or the employee’s spouse, child or parent must also be accompanied by a “Medical Certification Statement” completed by a health care provider. The certification must state the date on which the health condition commenced, the probable duration of the condition, and the appropriate medical facts regarding the condition.

If the employee is needed to care for a spouse, child or parent, the certification must so state, along with an estimate of the amount of time the employee will be needed. If the employee has a serious health condition, the certification must state that the employee cannot perform the functions of his or her job.

Benefits Coverage During Leave

During a period of family or medical leave, an employee will be retained on the School Districts health plan under the same conditions that applied before leave commenced. To continue health coverage, the employee must continue to make any contributions that he or she made to the plan before taking leave.

An employee is not entitled to the accrual of any seniority or employment benefits that would have occurred if not for the taking of leave. An employee who takes family or medical leave will not lose any employment benefits that accrued before the date leave began.

Restoration to Employment Following Leave

An employee eligible for family and medical leave – with the exception of those employees designated as “highly compensated employee” – will be restored to his or her old position or to a position with equivalent pay, benefits, and other terms and conditions of employment. The School District cannot guarantee that an employee will be returned to his or her original job. A determination as to whether a position is an “equivalent position” will be made by the School District.

Administrative Procedures

The superintendent will establish administrative procedures for the implementation of the Family and Medical Leave Policy. 

Cross References:

Board Policy

5401

Sick Leave

Legal References for FMLA.

Legal References:

RCW

Ch.49.78 RCW

Family Leave

WAC

Ch.296-134

Family Leave

P.L. 103-3

Family and Medical Leave Act of 1993

 

First Reading: November 5, 2002

Adopted: November 19, 2002

WALLA WALLA PUBLIC SCHOOLS • 364 South Park St. • Walla Walla, WA 99362 • Phone: 509-527-3000 • Fax: 509.529.7713

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