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Littleton Public Schools Regulation |
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Policy Code GCBD-R Policy Name Certificated Administrative Staff Leaves and Absences January 18, 1994
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Effective August 5, 1993, administrators who have worked for the District for 1,250 hours or more in the previous 12 months are eligible for 12 workweeks (based on the normal workweek for that administrator) paid or unpaid family or medical leave during a 12-month period measured backward from the date an administrator begins any Family Medical Leave Act (FMLA) leave for any of the following reasons:
Medical: Administrator’s serious health condition or administrator’s pregnancy
Family: Father’s attendance at birth of child
Parent’s care of child after birth
Placement of a child with administrator for adoption or foster care
Serious health condition of administrator’s child under 18 years, or older if disabled
Serious health condition of administrator’s spouse or parent
If both husband and wife work for the District, a total of 12 workweeks of leave under the FMLA is available between them due to a birth of a child or placement of a child through adoption or foster care and child care following birth or placement, or care for the administrator’s own parent with a serious health condition. They are each eligible for 12 weeks Family Medical Leave for their own serious health condition or serious health condition of their child or spouse.
Basic Conditions
Administrators must use any accrued vacation, personal leave, and other paid time off leave toward the 12 workweeks of leave for which they are eligible under the FMLA at the beginning of the leave. Administrators must also use accrued sick leave at the beginning of the leave toward the 12-week entitlement under the Family Medical Leave Act for their own serious health condition or pregnancy or for the serious health condition of a child, spouse, or parent at the beginning of the leave.
The 12 weeks must be used consecutively at one time for birth or placement of a child for adoption or foster care and must be taken within 12 months of such birth or placement.
An administrator may be permitted to take intermittent or reduced schedule leave under the FMLA for a serious health condition of their spouse, child, or parent or for the administrator’s own serious health condition if a health care provider certifies it as medically necessary. The District may take into account the administrator’s length of service, number of requests, duties, workload, and administrator’s job performance in making such decisions. Under certain circumstances, the District may require the administrator take leave for a period or periods of a particular duration not greater than the duration of the planned treatment. An administrator taking intermittent or reduced schedule family or medical leave, particularly if it is for more than 20 percent of the workdays during the period of time the leave extends, may be transferred temporarily to an available position for which the administrator is qualified and that better accommodates recurring leave periods than the administrator’s regular position with equivalent pay and benefits. With respect to foreseeable treatments of an administrator’s family members, the administrator must make a reasonable effort to schedule treatment so as not to disrupt District operations.
Special FMLA Rules Concerning Instructional Employees
If an instructional administrator requests leave that is foreseeable based on planned medical treatment and that would last longer than 20 percent of the total number of working days during the leave period, the District may require the administrator to choose either to take leave for periods of particular duration not to exceed the duration of the planned treatment or to transfer temporarily to an available alternative position for which the administrator is qualified that has equivalent pay and benefits and that better accommodates recurring periods of leave than the administrator’s regular position. The administrator must give notice and make a reasonable effort to schedule treatment so as not to disrupt District operations.
Group Health Insurance and Benefits Under FMLA
During the 12 workweek entitlement under FMLA, the District will maintain its contribution toward group health insurance at the level and under the conditions that coverage would be provided if the administrator had continued working. The administrator will be responsible for the same portion of the premiums as if actively employed. Administrators whose unpaid leave extends beyond the 12-workweek FMLA entitlement may continue their health insurance coverage by paying the full premium. If the administrator does not return from leave, the District reserves the right to recover the cost of any payments made to maintain the administrator’s group health insurance coverage, unless the failure to return to work was due to a continuation, recurrence, or onset of a serious health condition, as certified by a health care provider, that entitles the administrator to leave or for other reasons beyond the administrator’s control.
During leave under the FMLA, administrators will not lose employment benefits accrued prior to leave, including group life insurance, health insurance, disability insurance, sick leave, vacation, education reimbursement, and PERA service credit. No such benefits will be accrued during the leave under FMLA. Benefit entitlement based upon length of service will be calculated as of the last paid workday prior to the start of the unpaid leave of absence.
Notification and Reporting
When the need for family or medical leave is foreseeable, the administrator must provide at least 30 days notice prior to leaving. Except for medical emergencies, a Leave of Absence Form must be completed and signed by the administrator and submitted to the immediate supervisor who shall forward it to the Human Resources Department. The notice should include the expected date of return to work. In special circumstances where the condition prevents 30 days notice, the administrator must provide as much notice as practical. Notices of less than 30 days will be considered on an individual basis by the assistant superintendent of human resources and may result in postponement of the leave for up to 30 days.
Medical certification using the District form within 15 days of the request for leave is required for requests for leave for serious health condition of the administrator or their spouse, child, or parent or for the administrator pregnancy. At its discretion, the District may require a second medical opinion at its own expense. If the first and second opinions differ, the District, at its own expense, may require the binding opinion of a third health care provider approved jointly by the District and administrator. If the parties cannot agree, the Colorado Medical Society shall be requested to provide the name of a qualified health care provider. All medical information provided to the District through this process shall be treated as confidential.
Administrators on medical leave under the FMLA will be required to report periodically on their leave status and their intentions to return to work.
Reinstatement
Administrators, except for certain highly compensated or “key” administrators, returning from Family Medical Leave the day after the expiration of leave will be restored to the same or equivalent position in benefits, pay, and other terms and conditions of employment in accordance with established Board of Education policies and practices and collective bargaining agreements. Administrators who have taken leave due to a personal health condition will be required to provide their health care provider a copy of their position description and obtain a fit for duty certificate, signed by their health care provider, that the administrator is now able to perform the essential functions of his/her position description, listing any work restrictions or necessary accommodations. Failure to return to work on the day after the expiration of leave will result in automatic resignation from employment, unless the leave is extended.
The above information is written based on our best knowledge of the Family Medical Leave Act as of June 1993. Policy wording may need to be modified once the FMLA final regulations are available in early 1994.
Sick Leave Bank Procedure
The bank will be administered by a sick leave bank committee. The committee shall be composed of two (2) members appointed by LASE and the assistant superintendent of human resources. The following conditions will cover the granting of sick leave days from the bank:
If an administrator, when additional contribution is required, has no accumulated sick leave and cannot contribute to the bank, he/she may appeal for membership by submitting a written request to the sick leave bank committee. The committee will examine the reasons for prior sick leave use and will make a final determination on the appeal.
Sick leave days in the bank will carry over from year to year and an additional contribution will not be required until the total days in the administrative bank drops below one hundred (100) days. At this time an additional contribution of five (5) days of sick leave will be required of each administrator who desires to continue participation as a member of the bank.
Application for benefits from the bank will be made in writing. Application forms will be made available through the Human Resources Office.
An administrator will not be able to withdraw days from the bank until his/her fully paid leave is depleted.
Benefits of the bank shall be restricted to the illness of the administrator.
Not more than one hundred (100) workdays may be used by one person in one school year.
A doctor’s statement will be requested specifying the nature of the illness, the dates of medical service, and the date of the patient’s release for return to duty.
Individuals withdrawing sick leave days from the bank will not be required to replace days, except as contributing members.
An administrator withdrawing from the bank will not be able to withdraw contributed days.
Decisions of the sick leave bank committee with respect to eligibility for bank sick leave days shall be final.
Absence Reporting
When an employee is unable to report for work, it is the employee’s responsibility to inform the immediate supervisor, giving the expected period of absence. The Human Resources Office is to be notified according to the established administrative procedure, that being to register the absence on Littleton’s Absentee Reporting System (LARS).
Legal Reference: 29CFR Part 825
RIN 1215-AA85