It is the policy of the Jenks District to comply fully with the requirements of the Family and Medical Leave Act (FMLA) of 1993. FMLA requires that a covered employer provide up to twelve (12) work weeks or sixty (60) work days of unpaid leave to eligible employees. "Eligible employees" are those employees who have been employed for at least one year by the Jenks District; and worked at least 1,250 hours during the previous 12-month period; and have requested leave for a reason covered by FMLA. 

Eligible employees who meet the FMLA requirements may be granted unpaid family leave and paid sick, vacation and personal leave combined for the following reasons:

1. For the birth of a child and to care for such child, or placement for adoption or foster care of a child;

2. To care for a spouse, child or parent/guardian with a serious health condition;

3. For a serious health condition of the employee that makes the employee unable to perform his or her job functions; or

4. For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.

An eligible employee may also take up to twenty-six (26) work weeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness, when the employee is the spouse, son, daughter, parent, or next of kin of the service member.

The term "serious health condition" means one which requires either in-patient care, or continuing treatment by a health care provider. This term is intended to cover conditions or illnesses affecting health to the extent that in-patient care is required, or absences are necessary on a recurring basis or for more than just a few days. A "serious health condition" does not cover short-term conditions for which treatment and recovery are very brief. Such conditions would normally be covered by the District's sick leave policies.  

The term "year" as used in this Policy shall mean a rolling 12-month period measured backward from the date an employee uses any leave.

It is not the intent of the District or this policy to provide leave benefits that exceed those authorized by rule, policy, or existing law. An eligible employee must use any accrued paid vacation leave, personal leave and sick leave for any part of the twelve (12) week period.  It is the policy of the District that all paid non-FMLA leave will be used first. In the event the application of existing leave policies results in less leave than is required by the FMLA, an eligible individual will be entitled to such additional leave as is necessary to result in the minimum leave specified in the FMLA. 

Where the employee's spouse is also employed by the District, the total number of work weeks of FMLA leave to which both spouses are entitled is limited to twelve (12) work weeks during a year if such leave is for the birth of a child or to care for a child or for placement for adoption or foster care of a child.

Application for Family or Medical Leave

An employee requesting leave must complete an "Application for Family or Medical Leave."  The application must state the reason for the leave, the duration of the leave (if known), and the starting and ending dates of the leave. An application can be obtained from the employee’s supervisor or Human Resources.

The application for leave must be submitted at least thirty (30) days before family or medical leave because of an expected birth or placement of a child, or because a planned medical treatment is to begin. If, for reasons beyond the employee's reasonable control, the leave is to begin in less than thirty (30) days, an employee must give notice to his or her immediate supervisor and to Human Resources as soon as is practicable, ordinarily within one or two school days of when the employee learns of the need for leave. 

In the absence of an application for leave from an eligible employee the District may, in its discretion, place an eligible employee on FMLA leave if the employee is absent for any of the reasons set forth in the Act.

Leave Based on a Serious Health Condition

A "Medical Certification Statement" must accompany an application for leave based on the serious health condition of the employee or the employee's spouse, child or parent/guardian. This statement must be completed by the applicable health care provider and include the date on which the health condition began, the estimated duration of the condition, and the relevant medical facts related to the condition.

If the employee has a serious health condition the certification must state that the employee cannot perform the functions of the assigned position. Likewise, when the employee is prepared to return to work certification must be provided by the health care provider that the employee is able to resume work. The District reserves the right to require the employee to obtain a second medical opinion at the District's expense. If the opinions of the first and second health care provider differ, the District may require a third opinion from a health care provider mutually agreed upon by the District and the employee. The third opinion shall be final and binding.

The District may require subsequent certifications to support FMLA leave but not more often than every thirty (30) days unless the employee requests an extension of leave; changed circumstances occur regarding the illness or injury; or the District receives information that casts doubt on the validity of an existing certification.

In the event the employee is applying for leave to care for a spouse, child or parent/guardian, the certification must state that fact along with an estimate of the amount of time the employee will need.   

Right to Conduct Surveillance

In an effort to combat misuse of leave permitted by the FMLA, an employee may be surveilled to determine if the employee is not using the FMLA leave for the purpose for which it was granted. The District may conduct non-workplace (off-site) surveillance of an employee based on an honest belief or suspicion that the employee is misusing the FMLA leave granted. If the employee is found to be misusing the FMLA leave, the employee will be subject to all disciplinary action allowed by law, including but not limited to dismissal or nonrenewal. Circumstances which may give rise to an honest belief or suspicion of FMLA leave misuse include, but are not limited to, an employee providing inconsistent reasons for the FMLA leave, an employee engaging in a suspicious pattern of absences over a short period of time, verifiable information from co-workers evidencing misuse by an employee and significant changes in the frequency or duration of an employee’s absences. 

Intermittent Leave or Leave on a Reduced Leave Schedule

An employee may request to use available leave intermittently or on a reduced leave schedule. Where leave is requested in connection with a serious health condition of the employee or immediate family member, the request for leave must be supported with a certification from the health care provider that such leave is medically necessary and stating the expected duration and schedule of such leave. There must be a medical need for the leave and evidence that the medical need can be accommodated best through an intermittent or reduced leave schedule. Any eligible employee seeking leave on an intermittent or reduced leave basis must obtain and complete a request for leave and must submit the medical certification required.

Intermittent or reduced leave may also be taken in connection with the birth or because of the placement for adoption or foster care of a child. However, intermittent leave or leave on a reduced leave schedule for this purpose may only be taken with the approval of the District.

In either instance, whether because such leave is medically necessary or in connection with the birth or placement of a child, the employee must try to schedule the leave so as not to unduly disrupt the District's operations. In the event the employee takes intermittent leave or reduced leave the District reserves the right to place the employee in an alternative position which better accommodates intermittent or reduced leave.

When a teacher requests intermittent or reduced leave for planned medical treatment for more than twenty percent (20%) of the total number of working days in the period during which the leave would be used, the District may require the employee to elect either to (1) take leave for a "particular duration" or time which is not greater than the duration of the planned treatment, or (2) be transferred to an alternative position. If the instructional employee requesting intermittent leave or leave on a reduced leave schedule does not give proper notice as required the District may deny the taking of leave until thirty (30) days after notice was provided, or may require the employee to take leave for either a "particular duration" or accept an alternative position.  

Leave Taken Near the End of an Academic Term

If a teacher begins any type of covered leave more than five (5) weeks before the end of a term, and if the leave will last at least three (3) weeks and the employee would otherwise return to work during the three (3) weeks before the end of the term, the District may require the employee to continue taking leave until the end of the term.  

If a teacher takes leave for a reason other than the employee's own serious health condition which commences during the five (5) weeks before the end of the term, and if the leave will last more than two (2) weeks and the employee would otherwise return to work during the last two (2) weeks of the term, the District may require the employee to continue taking leave until the end of the term. 

If a teacher takes leave for a reason other than the employee's own serious health condition which begins during the last three (3) weeks of the term, and if the leave will last more than five (5) working days, the District may require the employee to take leave until the end of the term.

For the purposes of this Policy, the word "term" means the first term or fall semester term of each academic year and the second term or spring semester term of each academic year.

Effect of Leave on Benefits

During a period of family or medical leave, an employee will be retained on the District's medical insurance plan under the same conditions that applied before leave began. In order to continue medical insurance coverage the employee must continue to make any contributions made to the plan before leave. Failure of the employee to pay the medical insurance premium may result in a loss of coverage. The employee is required to pay all of the premiums for any other type of insurance coverage which may exist.

If the employee fails to return to work after the expiration of the leave, the employee will be required to reimburse the District for payment of health insurance premiums during the family or medical leave, unless the reason the employee fails to return is the presence of a serious health condition which prevents the employee from performing his or her job or to circumstances beyond the employee's control.

The employee may not accrue any seniority or employment benefits that would have accrued if not for the taking of leave. However, the employee who takes family or medical leave will not lose any seniority or employment benefits that accrued before the date leave began.

Reinstatement to Former Position

An employee generally is entitled to be restored to an equivalent position and to equivalent conditions of employment. This may not be applicable to employees who are designated as “highly compensated employees.” The District cannot guarantee that an employee will be returned to the original job. A determination as to whether a position is an “equivalent position” will be made by the District. A highly compensated employee is one who is salaried, and is “among the highest paid 10 percent” of the employees employed within 75 miles of the employee's worksite. An employee who qualifies as a “highly compensated” employee may be denied restoration to employment if necessary to prevent substantial and grievous economic injury to the operations of the District.

An employee who is ready to return from leave must complete a "Notice of Intention to Return from Family or Medical Leave" before returning to work. An employee may return to work before the expiration of a family or medical leave of absence. In this event notification must be given to the employee's supervisor at least five (5) working days prior to the employee's planned return.

Failure to Return from Leave

The failure of an employee to return to work upon the expiration of a family or medical leave of absence will subject the employee to immediate termination unless an extension is granted. Any termination, as a result of this provision, is subject to the same rights as a termination for cause. An employee who requests an extension of family leave or medical leave must submit a request for an extension, in writing, to the employee's immediate supervisor with a copy to Human Resources. This written request should be made as soon as the employee realizes an inability to return at the expiration of the leave period.

Revised by the Board of Education May 2007

Revised June 2015

Revised January 2019