FAMILY AND MEDICAL LEAVE ACT (FMLA) POLICY
GENERAL NOTICE
The Wisconsin Rapids Public Schools complies with all applicable state and federal laws relating to family and medical leave, and will not discriminate against or interfere with the rights of an employee to take such leave. Employees should work with the Human Resources Department to coordinate FMLA leave.
Eligibility Requirements
Employees are eligible for Federal FMLA leave if they have worked for the Wisconsin Rapids Public Schools for 1,250 hours over the previous 12 months. Employees who have been on the payroll for 52 consecutive weeks, and have been paid for at least 1000 hours in the previous 52-week period are eligible for Wisconsin Family and Medical leave.
Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees in a 12-month period for the following reason:
1. For incapacity due to pregnancy, prenatal medical care or childbirth
2. To care for the employee’s child after birth, or placement for adoption or foster care
3. To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition
4. For a serious health condition that makes the employee unable to perform the employee’s job
Wisconsin law requires covered employers to provide:
1. Up to 2 weeks of leave in a calendar year for the employee’s own serious health condition
2. Up to 2 weeks of leave in a calendar year for the serious health condition of an employee’s spouse, dependent child, parent or parent-in-law; and
3. Up to 6 weeks of leave in a calendar year for the birth or adoption of the employee’s child.
The Wisconsin Rapids Public Schools administers its 12-month period for the purposes of federal law on a calendar year basis. Wisconsin leave is always administered on a calendar year basis. Leaves that qualify under both federal and Wisconsin law will run concurrently when possible.
Military Family Leave Entitlements (Federal leave only)
Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending postdeployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status, or is on the temporary disability retired list.
Benefits and Protections
During FMLA leave, the Wisconsin Rapids Public Schools will maintain the employee’s health coverage under any group health plan on the same terms as if the employee had continued to work. The employee must continue to pay the required employee premium contribution, if any.
If a required employee contribution is more than 30 days late, the employee’s health care coverage will terminate at the discretion of the Wisconsin Rapids Public Schools. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits and other employment terms. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently in some instances or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the Wisconsin Rapids Public Schools operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. The Wisconsin Rapids Public Schools may transfer an employee on intermittent or reduced-schedule leave to a different position that would better accommodate the employee’s leave.
Substitution of Paid Leave for Unpaid Leave
FMLA leave is generally unpaid leave. Employees using Wisconsin leave (including Wisconsin leave taken concurrently with federal leave) may choose to use any of the employee’s accrued paid leave while taking FMLA leave. Employees using federal leave only may choose to use any accrued paid leave while taking FMLA leave. Unless approved by the Director of Human Resources, in order to use paid leave for FMLA leave, employees must comply with the Wisconsin Rapids Public Schools paid leave policies.
Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures. Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave.
Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave. If an employee wishes to return to work before the leave was to end, the employee must notify the Human Resources Department at least two days prior to the desired return date. If an employee, without approval from the Human Resources Department, does not return from FMLA leave on the day indicated on the original application (or any approved change of that date), or within three days of release by the employee’s health care provider if such release is required, the employee will be considered to have voluntarily resigned from employment with the Wisconsin Rapids Public Schools as of the day on which the employee’s FMLA was to end.
In the event this occurs, the Wisconsin Rapids Public Schools reserves the right to collect from the employee any employer-paid benefits payments made while the employee was on leave, unless the employee’s failure to return to work is due to circumstances outside of the employee’s control (e.g., the continued serious health condition prevents returning to work).
If an employee fails to meet any employer requirements for federal or Wisconsin leave, the request for leave may be denied or delayed until the requirements are met.
Employer Responsibilities
The Wisconsin Rapids Public Schools will inform employees requesting leave whether they are eligible under FMLA. If they are, the notice will specify any additional information required as well as the employee’s rights and responsibilities. If they are not eligible, the Wisconsin Rapids Public Schools will provide a reason for the ineligibility.
The Wisconsin Rapids Public Schools will inform employees if leave will be designated as FMLA protected and the amount of leave counted against the employee’s leave entitlement. If the Wisconsin Rapids Public Schools determines that the leave is not FMLA protected, the Wisconsin Rapids Public Schools must notify the employee.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
1. Interfere with, restrain, or deny the exercise of any right provided under FMLA;
2. Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. FMLA does not affect any federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreements which provides greater family or medical leave rights.
7/15/2009
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