An employee who is unable to work because of personal illness or injury, and who has exhausted all paid leave available, may be granted an unpaid leave of absence and may continue all available fringe benefits in effect for the duration of said leave at his/her own expense, except that the district shall provide benefits in accordance with the Family Medical Leave Act. The district may terminate the employee’s employment and hire a permanent replacement after 12 weeks of leave; 26 weeks for care of an injured service member. Each case will be considered separately giving consideration to the needs of the district and the likely recovery period of the employee.
Federal law requires the district to grant up to 12 weeks of leave per year to employees who have been employed at least 12 months and who have worked at least 1,250 hours during the preceding 12 months for the purpose of (1) the employee’s personal serious health condition, (2) caring for the employee’s newly born child, (3) caring for a child placed for adoption or placement of a foster child, (4) caring for the employee’s parent, spouse, or child with a serious health condition, (5) military family leave for exigency or to care for an injured service member. The district requires an eligible employee to first utilize any earned paid leave provided by policy or by a collective bargaining agreement to the extent the purpose is covered by and consistent with requirements for the paid leave time. Any leave in excess of available paid leave shall be unpaid. At the employee’s option, the district shall continue the district’s contributions toward health and dental insurance on behalf of the employee for up to 12 weeks as if the employee were still at work. If the employee has more than 12 weeks of paid leave available, the district shall continue the district’s contribution until the paid leave is exhausted. The employee shall remit the employee’s contribution towards health and dental insurance and for life and disability insurance by the date the district makes payment to the insurance carrier. Failure to make contributions when due may result in the employee losing coverage during the period of the leave. If the employer makes the employee-owed payments, the employee may authorize the district to offset such sums advanced against any sums owed to the employee. If the employee does not return to work at the end of the leave (except for reasons specified in the Act), the employee will be required to reimburse the district for all contributions made by the district while the employee was on unpaid leave and the district may be allowed to deduct any amount owed from any sums owed the employee.
Employees may request leave under the Family Medical Leave Act for up to 12 weeks per year. “Year” shall be defined as a rolling 12-month period measured backwards from the date the employee uses any FMLA leave. Leave to care for a newly-born, adopted or foster child must conclude within 12 months of the birth or placement of the child. Spouses who both work for the District may take a combined 12-week allotment for the birth or placement of a child. The district may require an employee to provide written certification from a health care provider when an employee requests family and medical leave for the employee’s own serious health condition or to care for the employee’s parent, spouse, or child with a serious health condition.
- First Adoption:
- 2003-05-12
- Revision Adoption:
- December 8, 2013
- Reviewed Dates:
- April 24, 2016/ November 11, 2018/ August 6, 2023
- Legal Reference:
- 29 U.S.C. 2601 et seq.; 29 C.F.R. Part 825; 20.7, 20.9, 279.8, 279.40, 280.21A, Code of Iowa
Documents
- 404.6R1 Exhibit A: Employees Rights and Responsibilities under FMLA
- 404.6R1 Exhibit B: Certification of Health Care Provider for Family Member's Serious Health Condition (FMLA)
- 404.6R1 Exhibit C: Notice of Eligibility and Rights and Responsibilities (FMLA)
- 404.6R1 Exhibit D: Designation Notice (FMLA)