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Elk Grove USD  |  AR  4361.8  Personnel

Family Care Leave   

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Any employee who has served the district more than one continuous year shall be eligible to take unpaid family care leave under the provisions of state and federal law.

The district may deny family care leave to a salaried employee who is among the highest paid 10 percent of district employees.

Family care leave may be used for the following reasons:

1. Because of the birth of the employee's child, and in order to care for the child. (29 U.S.C. 2612; Government Code 12945.2)

2. Because of the placement of a child with the employee for foster care or in connection with the employee's adoption of the child. (29 U.S.C. 2612; Government Code 12945.2)

3. In order to care for the employee's child, parent or spouse with a serious health condition. (29 U.S.C. 2612; Government Code 12945.2)

4. Because of the employee's own serious health condition which makes the employee unable to perform his/her job. (29 U.S.C. 2612)

Definitions

For purposes of this regulation, "child" means a biological, adopted or foster son or daughter, a stepson or stepdaughter, a legal ward, or a child of a person standing in loco parentis as long as the child is under 18 years of age or an adult dependent child. (29 U.S.C. 2611; Government Code 12945.2; Code of Regulations, Title 2, Section 7297.0)

"Parent" means a biological, foster or adoptive parent, a stepparent, or a legal guardian; it includes an individual who stood in loco parentis to an employee when the employee was a child. (29 U.S.C. 2611; Government Code 12945.2; Code of Regulations, Title 2, Section 7297.0)

"Serious health condition" means an illness, injury, impairment or physical or mental condition that involves either:

1. Inpatient care in a hospital, hospice or residential health care facility, or

2. Continuing treatment or continuing supervision by a health care provider. (29 U.S.C. 2611; Government Code 12945.2)

Duration of Leave

Family care leave shall not exceed 12 workweeks during any 12-month period if taken for the employee's own serious health condition, because of foster care placement, or to care for a person who stood in loco parentis and who is not a foster or adoptive parent, stepparent or legal guardian. This leave may be taken intermittently or on a reduced leave schedule when medically necessary. The employee may be required to take the leave for periods of a particular duration (not to exceed the duration of the planned medical treatment) or to transfer temporarily to a different job that has the equivalent pay and benefits but could better accommodate recurring periods of leave. (29 V.S.C. 2612, 2618)

Family care leave for any other reason shall not exceed a total of four months within a 24-month period unless a longer leave is agreed upon by the district and the employee. (Government Code 12945.2)

Leave taken for birth or adoption must be initiated, within one year of the birth or adoption. Leaves may be subject to a minimum duration or can be taken intermittently or on a reduced leave schedule depending on the reason for the leave and subject to special rules which may apply. (29 V.S.C. 2612; Code of Regulations, Title 2, Section 7297.3)

When used in conjunction with the maximum (four-month) pregnancy disability leave under Government Code 12945, family care leave shall be no more than one month unless the district and the employee agree otherwise. (Government Code 12945.2; Code of Regulations, Title 2, Section 7297.6)

Terms of Leave

During the period of family care leave, the employee may elect or may be required by the district to use his/her accrued vacation leave, other accrued time off, or any other paid or unpaid time off negotiated with the district. (29 V.S.C. 2612; Government Code 12945.2; Code of Regulations, Title 2, Section 7297.5)

Sick leave shall be used during the period of family care leave only if the employee so agrees when proceeding under state law. (29 V.S.C. 2612; Government Code 12945.2; Code of Regulations, Title 5, Section 7297.5)

NOTE: Not completed

Requests. Advance Notice and Certification

If an employee learns of the need for family care leave more than 30 days before the leave is to begin, he/she shall give the district at least 30 days' written advance notice. If the

employee learns of the need for family care leave fewer than 30 days in advance, he/she shall provide such notice as soon as practicable. (29 V.S.C. 2612; Government Code 12945.2; Code of Regulations, Title 2, Section 7297.4)

If leave is needed for a planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment or supervision to avoid disruption of district operations. This scheduling shall be subject to the health care provider's approval. (29 V.S.C. 2612; Government Code 12945.2; Code of Regulations, Title 2, Section 7297.4)

An employee's request for leave to care for a child, spouse or parent who has a serious health condition shall be supported by a certification from the health care provider of the person requiring care. This certification shall include:

1 . The date, if known, on which the serious health condition began,

2. The probable duration of the condition,

3. An estimate of the amount of time the health care provider believes the employee needs to care for the child, parent or spouse, and

4. A statement that the serious health condition warrants the participation of a family member to provide care during a period of the treatment or supervision of the child, parent or spouse. (Government Code 12945.2)

If additional leave is needed when the time estimated by the health care provider expires, the district may require the employee to provide re-certification as specified above. (Code of Regulations, Title 2, 7297.4)

An employee's request for leave because of his/her own serious health condition shall be supported by a certification from the employee's health care provider. This certification shall include:

1. The date on which the serious health condition began,

2. The probable duration of the condition,

3. The appropriate medical facts within the knowledge of the health care provider regarding the condition, and

4. A statement that the employee is unable to perform the functions of his/her job. (29 V.S.C. 2613)

If the employee is requesting leave for intermittent treatment or leave on a reduced leave schedule for planned medical treatment, the certification must also state the medical necessity for the leave, the dates on which treatment is expected to be given, the duration of such treatment, and the expected duration of the leave. (29 V.S.C. 2613)

Guarantees

Upon granting an employee's request for family care leave, the district shall guarantee to reinstate the employee in the same or a comparable position when the leave ends. (29 V.S.C. 2614; Government Code 12945.2; Code of Regulations, Title 2, Section 7297.2)

At the employee's request, the district shall provide this guarantee in writing. (Code of Regulations, Title 2, Section 7297.2)

The district shall not refuse to hire and shall not discharge, fine, suspend, expel or discriminate against any employee because he/she exercises the right to family care leave or because he/she gives information or testimony related to his/her or another person's family care leave in an inquiry related to family leave rights. (Government Code 12945.2; Code of Regulations, Title 2, Section 7297.7)

Notifications

In accordance with law, the district shall notify employees of their right to request family care leave.

Regulation ELK GROVE UNIFIED SCHOOL DISTRICT

Approved: May 16, 1994 Elk Grove, California