Full-time staff members will be allowed sick leave for temporary disabilities as follows:

• First year of employment, 10 days
• Second year of employment, 11 days
• Third year of employment, 12 days
• Fourth year of employment, 13 days
• Fifth year of employment, 14 days
• Sixth and subsequent years, 15 days

Over and above first through sixth year, at board discretion, up to 20 days.

Beyond the fifth year of employment 15 days are granted cumulative to one hundred five (105) days.  The above amounts apply only to consecutive years of employment in the Forest City Community School District.  For all new hires after July 1, 2013 the granted cumulative leave will be ninety (90) days.

Sick leave benefits are restricted to accumulated sick leave days earned by the individual staff member.  Should the personal illness occur after or extend beyond the accumulated sick leave allowance the employee will be allowed a leave of absence without pay for the time period the employee is disabled (see Policy 404.6).

The employee shall notify the superintendent or his designee as soon as the necessity for taking sick leave becomes known to the employee.  The employee may continue to work as long as he/she is physically able. 

The employee, while taking sick leave under these provisions, shall keep the superintendent, or his designee, informed of the duration of the disability and the expected date of return to duty.  When deemed necessary the Board of Education may require a staff member to submit a statement from an attending physician as to the temporary disability.  The employee should return to work as soon as a physician determines the individual is capable of performing the work.  A signed release from your doctor listing any restrictions may be required by your supervisor before you may return to work after an extended sick leave.

The employee who is unable to work because of personal illness or temporary disability and who has exhausted all sick leave available shall be granted a leave of absence without pay for the duration of such illness or temporary disability through the end of the school year.  Insurance coverage shall be continued at the negotiated rate until the insurance policy anniversary date for employees who have exhausted all sick leave and have been placed on leave without pay.

MATERNITY LEAVE
For the individual employee who has a pregnancy condition the individual employee may take up to twelve (12) consecutive calendar weeks of Personal Illness Leave with pay (restricted to accumulated sick leave days earned by the individual staff member).  Any number of days used during the twelve (12) weeks not covered by accumulated sick leave may be covered by Family and Medical Leave without pay. The total combination of days taken must be consecutive days.  The weeks listed above will commence at birth.

QUARANTINE
Days may be deducted from accumulated sick leave for the employee  to be in quarantine if required by regulations implemented by the Department of Public Health, unless the required quarantine is a direct result of personal travel. If an employee chooses to travel and upon return from their trip is forced to quarantine, paid days sick leave will not be allowed. Instead employees may use their personal days or unpaid leave.

CRITICAL FAMILY ILLNESS / BEREAVEMENT
Employees may also use days from accumulated sick leave to attend to the illness or provide care during a required quarantine of a child or spouse.  When leave days are required due to the critical illness and/or bereavement of the death of a relative, sick leave days may be utilized.  Also, when the presence of a staff member is necessary to attend the funeral of a friend or act in the capacity of pallbearer, days missed may be used under this policy.

Legal Reference:
29 U.S.C. §§ 2601 et seq.
Pub.L. 116–127
29 C.F.R. §§ 825; 826.
Iowa Code §§ 20; 29A; 55; 85; 216; 279.40; 607A.
Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

Cross Reference:
401.9 Employee Political Activity
403.2 Employee Injury on the Job
409.3 Employee Family and Medical Leave Series 
409.6 Drug & Alcohol Testing Program Series
706.3 Pay Deductions Series
 

Approved:  6-14-21
Reviewed: 5-9-23
Revised: 5-9-23

 

 

ADOPTION
An employee may be granted a paid leave of absence, not to exceed a total of ten (10) consecutive calendar days, in the case of the employee adopting a child or children.  Such paid leave days shall be charged to the employee’s accrued sick leave. If both husband and wife are employees, each shall have the opportunity to use this policy.  Employees who are eligible for unpaid leave for the adoption of a child under the provisions of the Family and Medical Leave Act will be granted leave in accordance with the FMLA and Board policy.  If both a husband and a wife are eligible for family and medical leave and are employed by the District, such leave for adoption will be limited to a combined total of twelve (12) weeks during a twelve-month period. If the adoption is that of a newborn, and the employee is the designated primary caregiver, the Superintendent may grant additional paid leave of absence, not to exceed a total of thirty (30) consecutive days from the date of birth.

ABSENCE WITHOUT PAY
Absence without pay may be authorized by the superintendent and principal for purposes considered urgent, necessary, or unique.  For such absences, deductions from the employee's salary will be made in accordance with the school district's pay deduction regulations. An involuntary absence where prior notice was not possible may be excused by the superintendent.  The employee shall make a leave request as soon as possible to request approval for such absence. Other absences than those herein provided for, or failure to follow the foregoing regulations, may be deemed to be neglect of duty and may be sufficient grounds for dismissal.

ABSENCE WITHOUT PAY (VACATION TRAVEL) - LICENSED EMPLOYEES ONLY
The superintendent may approve an absence of 1 to 5 days for an unusual opportunity for vacation travel if the following criteria are met:

1. Requests will be allowed for up to a maximum of 5 days per three year period.  The number of days utilized may range from one to five for any one request; however, regardless of the number of days requested, no more than two requests per three year period may be approved.
2. Part-time employees may apply for "like" days if all other criteria have been met (i.e. up to five one-half days by a staff member currently teaching one-half time).
3. Personal leave must be utilized in conjunction with or to extend an approved Absence Without Pay leave.
4. Requests will be submitted to the superintendent through the building principal or supervisor.
5. Failure to follow the foregoing regulations, may be deemed to be neglect of duty and may be sufficient grounds for dismissal.

JURY DUTY
The Board will allow 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 will 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 will be paid to the school district.

LEAVE OF ABSENCE  - LICENSED EMPLOYEES ONLY
The Board of Directors may grant a leave of absence to licensed employees without pay providing the following stipulations are adhered to:

1. Written requests for leaves, stating reasons and duration, are to be submitted to the board.
2. Only one trimester, two trimesters, one full school year or two full school years leave requests will be considered (with the exception of No. 9  stated below).
3. Two-year leaves of absence will be considered only for teachers planning to teach abroad.  In the event said teacher's situation changes and he/she plans to return following one-year absence, written notice of this intent must be received by the board on or before March 1 prior to the contract year.
4. To qualify for a first leave of absence a teacher must have five or more years of experience in the Forest City Schools before consideration will be given.
5. One leave of absence will be granted during each ten year period of employment.  A leave of absence does not constitute a portion of the succeeding ten year period of consecutive employment.  The second leave of absence may not be taken until ten consecutive years of employment have elapsed since the first leave of absence.
6. Full year, two year, and first trimester applications must be submitted on or before the deadline for returning contracts for the ensuing school year (April 15 or 21 days following issuance).  Leave requests for the second trimester only must be submitted on or before the Regular October Board Meeting.
7. Final approval will not be granted until a suitable, temporary replacement is contracted.
8. Upon return the board agrees to reemploy said teacher in the same position or, if that position has been abolished, a position assigned by the Board.  Salary schedule placement will not be interrupted.
9. In cases involving illness, the above guidelines may be waived by the board.

MILITARY LEAVE
The Board recognizes employees may be called to participate in the armed forces, including the national guard.  If an employee is called to serve in the armed forces, the employee will have a leave of absence for military service until the military service is completed. The leave is without loss of status of efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

PERSONAL LEAVE

Licensed Employees
Two days of personal leave per school year will be granted for licensed employees.  Notification will be submitted to the superintendent through the building principal.  The administration may limit the number of employees leaving on the same day to the number of available substitutes. At the end of the school year any unused days shall be reimbursed at a rate approved in the Master Contract between the employee’s licensed bargaining unit and the Board. The cost of the substitute for the two days taken will be borne by the school district. Approval of Personal Leave requests are based on the assumption that the employee’s personal business is of a nature that cannot be done outside the school day.  Though a reason is not required on the request, the Board trusts that employees will follow this guideline.

Classified Employees
Classified employees working less than 260 days per year and ineligible for vacation days are allowed two day of personal leave per year.  Classified employees working 260 days per year and eligible for vacation days are allowed one day of personal leave per year.  Personal leave may be used to attend to matters of a personal nature, subject to operation requirements.  Requests are to be submitted to the superintendent through the building principal or support staff director.

 Employees who do not use their full entitlement of days during the year will automatically be paid out at the prevailing hourly rates in June.

PATERNITY LEAVE
An employee may be granted a paid leave of absence, not to exceed a total of ten (10) consecutive calendar days, in the case of the employee becoming a father.  Such paid leave days shall be charged to the employee’s accrued sick leave. Employees who are eligible for unpaid leave for the birth of a child under the provisions of the Family and Medical Leave Act will be granted leave in accordance with the FMLA and Board policy.  If both a husband and a wife are eligible for family and medical leave and are employed by the District, such leave for adoption will be limited to a combined total of twelve (12) weeks during a twelve-month period.

POLITICAL LEAVE
The Board will provide a leave of absence to employees to run for elective public office.  The superintendent will grant an employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave. The 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.

PROFESSIONAL LEAVE
Professional purposes leave may be granted to employees for the purpose of attending meetings and conferences directly related to their assignments.  Application for the leave must be presented to the superintendent 30 days prior to the meeting or conference.It is within the discretion of the superintendent to grant professional purposes leave.  The leave may be denied on the day before or after a vacation or holiday, on special days when services are needed, when it would cause undue interruption of the education program and school district operations, or for other reasons deemed relevant by the superintendent.

VACATIONS AND HOLIDAYS  - SEE POLICY 409.1

Legal Reference:
29 U.S.C. §§ 2601 et seq.
Pub.L. 116–127
29 C.F.R. §§ 825; 826.
Iowa Code §§ 20; 29A; 55; 85; 216; 279.40; 607A.
Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

Cross Reference:
401.9 Employee Political Activity
403.2 Employee Injury on the Job
409.3 Employee Family and Medical Leave Series 
409.6 Drug & Alcohol Testing Program Series
706.3 Pay Deductions Series
 

 

Approved:  6-14-21
Reviewed: 5-9-23
Revised:  5-9-23

 

 

Regularly scheduled classified employees who are eligible for paid illness leave may contribute up to three (3) sick leave days per year to other classified employees who are eligible as provided in paragraph 2 below.  The total of all sick leave donations shall not exceed sixty (60) days per year.  On or before September 10, the Business Manager will notify the Superintendent of the names of individuals who have contributed sick leave and the amount of sick leave which they will contribute.  If the number of days offered for donation exceeds sixty (60) days, then priority in donation shall be given to employees who have accumulated less than seventy (70) days of sick leave as of July 1 of the contract year in which a sick leave donation is requested. There will be no carryover of donated sick leave days from year to year. 

1. Donated sick leave days will not be returned to the donor.

2. Donated sick leave days will be available only to those employees who: (1) have accumulated less than seventy days of sick leave as of July 1 of the contract year in which a sick leave donation is requested, (2) have donated at least one (1) day of sick leave to the sick leave bank, (3) have used all of their paid leave days (sick leave days and personal leave days), (4) have not yet met the elimination period for long term disability insurance, and (5) suffer from a serious health condition as defined in the Family and Medical Leave act, 29 Code of Federal Regulations '825.114.  Donated sick leave days will not be available to an employee on a day-to-day basis, that is, donated sick leave days will not be available for brief absences such as one or two days.

3. Requests for the use of donated sick leave days will be submitted to the Business Manager on a form provided by the District.  The decision of whether to provide donated sick leave benefits to an employee and the number of donated sick leave days to allocate to the employee shall be made by the Board.  Up to twenty (20) donated sick leave days per year will be allocated to each eligible participant.  If an employee's absence which is eligible for sick leave bank usage exceeds twenty (20) days and if there are days remaining in the sick leave bank at the end of the school year, then any days remaining in the sick leave bank at the end of the school year will be allocated to employees on a pro-rata basis. 

Licensed Employees are not eligible to participate in the Classified employee sick leave bank as they are covered by a separate sick leave bank as specified in their comprehensive master agreement between the Forest City Community School District and the Forest City Education Association.

_____

Classified Staff Sick Leave Bank Request Form

Donated sick leave days will be available only to those employees who:

1. have accumulated less than seventy days of sick leave as of July 1 of the contract year in which a sick leave donation is requested,

2. have donated at least one (1) day of sick leave to the sick leave bank,

3. have used all of their paid leave days (sick leave days and personal leave days),

4. have not yet met the elimination period for long term disability insurance, and

5. suffer from a serious health condition as defined in the Family and Medical Leave act, 29 Code of Federal Regulations '825.114. 

Donated sick leave days will not be available to an employee on a day-to-day basis, that is, donated sick leave days will not be available for brief absences such as one or two days.

Requests for the use of donated sick leave days will be submitted to a representative of the Board and a representative of the Association on a form provided by the District.  The decision of whether to provide donated sick leave benefits to an employee and the number of donated sick leave days to allocate to the employee shall be made by mutual agreement of the representative of the Board and the representative of the Association.  Up to twenty (20) donated sick leave days per year may be allocated to each eligible participant.  If an employee's absence, which is eligible for sick leave bank usage exceeds twenty (20) days and if there are days remaining in the sick leave bank at the end of the school year, then any days remaining in the sick leave bank at the end of the school year will be allocated to employees on a pro-rata basis. 

Eligible Family and Medical Leave Requests from Sick Leave Bank:

 

A.         Birth of a son or daughter of the employee in order to care for that child prior to the first anniversary of the child’s birth.

 

B.         Placement of a son or daughter of the employee for adoption or foster care prior to the first anniversary of the child’s placement.

 

C.         To care for a spouse, son, daughter or parent of an employee who has a serious health condition.

 

D.         Employee’s serious health condition that makes the employee unable to perform the essential functions of the employee’s position.

 

 

 

Employee Signature                                         Days Requested                 Date                                       

 

Board Signature                                                            Date                                   Approved/Denied

Number of Days Approved                             Number of Days Denied     

 

Legal Reference:
29 U.S.C. §§ 2601 et seq.
Pub.L. 116–127
29 C.F.R. §§ 825; 826.
Iowa Code §§ 20; 29A; 55; 85; 216; 279.40; 607A.
Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

Cross Reference:
401.9 Employee Political Activity
403.2 Employee Injury on the Job
409.3 Employee Family and Medical Leave Series 
409.6 Drug & Alcohol Testing Program Series
706.3 Pay Deductions Series
 

 

 

 

Approved:  5-9-22  Reviewed: 5-8-23 Revised: 5-8-23

This document is available at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fmlaen.pdf

See attached form.

 

A. School district notice.

1. The school district will post the notice in Exhibit 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. The information will be in the [employee handbook].

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 or 26 week entitlement depending on the purpose of the leave;

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 or proof of call to active duty in the case of military family and medical leave;

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 the following criteria is met.

1. 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,

2. The employee has worked at least 1,250 hours during the 12 months immediately before the date FMLA leave is to begin. Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.

 

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. For those taking leave due to military family and medical leave, notice should be given as soon as possible.

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. The school district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.

1. Six 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.

e. because of a qualifying exigency arising out of the fact that an employee’s ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.

f. because the employee is the spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.

2. Medical certification.

a. When required:

(1) Employees may 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 may 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.

(3) Employees may be required to present certification of the call to active duty when taking military family and medical leave.

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.

d. Employees taking military caregiver family and medical leave to care for a family service member cannot be required to obtain a second opinion or to provide recertification.

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 will be denied until such certification is provided.

 

E. Entitlement.

1. Employees are entitled to twelve weeks unpaid family and medical leave per year. Employees taking military caregiver family and medical leave to care for a family service member are entitled to 26 weeks of unpaid family and medical leave but only in a single 12 month period.

2. Year is defined as Fiscal year

3. If insufficient leave is available, the school district may:

a. Deny the leave if entitlement is exhausted

b. Award leave available

c. Award leave in accordance with other provisions of board policy or the collective bargaining agreement.

 

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:

_____birth of my child or adoption or foster care placement subject to agreement by the district;

_____serious health condition of myself, spouse, parent, or child when medically necessary;

____ because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___

parent is on active duty or call to active duty status in support of a contingency operation as a member of the

National Guard or Reserves;

___ because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service

member with a serious injury or illness.

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:

____birth of my child or adoption or foster care placement subject to agreement by the district;

____serious health condition of myself, spouse, parent, or child when medically necessary;

____ because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___

parent is on active duty or call to active duty status in support of a contingency operation as a member of the

National Guard or Reserves;

___ because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service

member with a serious injury or illness.

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 does 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 will

reimburse the school district at a time set by the superintendent.

3. An employee who fails to make the health care contribution payments within thirty 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.

 

1. An employee may substitute unpaid family and medical leave for the serious health condition of the employee with paid sick, vacation and personal leave. Upon the expiration of paid leave, the family and medical leave for the serious health condition of the employee is unpaid.

2. An employee may substitute unpaid family and medical leave for the serious health condition of an employee's family

member or to care for a family service member with paid sick, vacation and personal leave. Upon the expiration of paid

leave, the family and medical leave for the serious health condition of an employee's family member is unpaid.

3. An employee may substitute unpaid family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth with sick, vacation and personal leave. Upon the expiration of paid leave, the family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth is unpaid.

4. An employee may substitute unpaid family and medical leave for the placement of a child with the employee for adoption or foster care and in order to care for that child prior to the first anniversary of the child's placement or adoption with sick, vacation and personal leave. Upon the expiration of paid leave, the family and medical leave for the placement of a child with the employee for adoption or foster care and in order to care for the child prior to the first  placement or adoption is unpaid.

5. An employee may substitute unpaid family and medical leave when a family service member is called to active duty or on call to active duty with sick, vacation and personal leave. Upon expiration of the paid leave, the leave is unpaid.

6. When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.

 

Legal Reference:
29 U.S.C. §§ 2601 et seq.
29 C.F.R. § 825.
Iowa Code §§ 20; 85; 216; 279.40.
Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).

Cross Reference:
409.2 Employee Leave of Absence
 

Approved 4-11-94 Reviewed 5-8-23 Revised 10-11-21 

Active Duty - duty under a call or order to active duty under a provision of law referring to in section 101(a)(13) of title 10, U.S. Code.

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.

Contingency Operation - has the same meaning given such term in section 101(a)(13) of title 10, U.S. Code.

Continuing Treatment - a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

• A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
• treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a the health care provider.
• Any period of incapacity due to pregnancy or for prenatal care.
• Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
  • requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
  • Continues over an extended period of time (including recurring episodes of a single underlying condition); and
  • May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
• Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.
• Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

Covered Servicemember - a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

Eligible Employee - 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, and clinical social workers 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;
• Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;
• A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.

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.

Next of Kin - an individual's nearest blood relative

Outpatient Status - the status of a member of the Armed Forces assigned to –

either a military medical treatment facility as an outpatient; or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

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:
• Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
• Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes:
  • A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
  • Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or
  • Treatment 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.
  • Any period of incapacity due to pregnancy or for prenatal care.
  • Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
  • Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
  • Continues over an extended period of time (including recurring episodes of s single underlying condition); and
  • May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
  • A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's a severe stroke or the terminal stages of a disease.
  • Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
• Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition. Treatment does not include routine physical examinations, eye examinations or dental examinations. Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen). A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
• Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop. Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave. Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
• Substance abuse may be a serious health condition if the conditions of this section are met. However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider. On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.
• Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days. For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level. An employee who is pregnant may be unable to report to work because of severe morning sickness.

Serious Injury or Illness - an injury or illness incurred by a member of the Armed forces, including the National Guard or Reserves in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.

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.

Legal Reference:
29 U.S.C. §§ 2601 et seq.
29 C.F.R. § 825.
Iowa Code §§ 20; 85; 216; 279.40.
Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).

Cross Reference:
409.2 Employee Leave of Absence

Approved 4-11-94 Reviewed 5-8-23  Revised 5-8-23