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SUSQUEHANNA TOWNSHIP SCHOOL DISTRICT

Harrisburg, Pennsylvania 17109

 

FAMILY AND MEDICAL LEAVE

 

This policy is adopted to implement the Family and Medical Leave Act of 1993, P.L. 103-3 of 1993, as amended (FMLA), and in no event is this Policy intended to grant rights greater than those granted by the FMLA. If the FMLA is repealed or declared invalid, this Policy shall become void. The terms and provisions of the FMLA are incorporated herein by reference, except to the extent inconsistent with this Policy.

 

Effective Date

 

This Policy is effective August 5, 1993, for employees of the School District other than

those professional employees covered by the Collective Bargaining Agreement, for

whom this Policy is effective February 5, 1994.

 

Leave Year


The 12-month period during which the 12 workweeks of the FMLA leave entitlement occurs shall be a 12-month
               period measured forward from the date any eligible employee’s first FMLA leave begins and such employee’s next
              12-month period shall begin the first time FMLA leave is taken after completion of any previous 12-month period.

 

Intermittent or Reduced Leave

 

Leave for birth or placement of a child for adoption or foster care shall not be taken
              by an employee intermittently or on a reduced leave schedule.

 

Foreseeable Leave

 

When FMLA leave is in connection with an expected birth or placement, the employee

shall provide the School District with not less than 30 days’ notice before the date leave

is to begin, except that if the date of the birth or placement requires leave to begin in less

than 30 days, the employee shall provide such notice as is practicable. When FMLA

leave is in connection with planned medical treatment of the employee or family member,

the employee shall make a reasonable effort to schedule the treatment so as not to disrupt

unduly the operations of the School District and shall provide 30 days’ notice before the

date leave is to begin, unless the date of treatment requires leave to begin in less than 30

days in which event the employee shall provide such notice as is practicable.

 

 

Approved by the School Board - January 24, 1994

Amended by the School Board – March 23, 2009


Relationship to Paid Leave

 

An eligible employee may elect to substitute any accrued paid vacation leave, personal

leave or family leave for any part of the 12 work weeks of FMLA leave for birth or

placement of a child or for caring for a family member with a serious health condition.

 

An employee shall substitute any accrued paid sick leave, which is otherwise available,

for any part of the 12 work weeks of FMLA leave for the employee’s own serious health

condition.

 

Certifications

 

Medical certification forms by a health care provider as permitted by the FMLA shall be

required in all instances authorized by the FMLA, except that the School District will not

require a certification of an employee’s fitness to return to work.

 

The School District may require, at its expense, the opinion of a second health care

provider in accordance with the FMLA and its provisions regarding resolution of

conflicting opinions.

 

Failure to Return From Leave

 

The School District may recover the premium it paid for maintaining coverage for the

employee under its group health plan during any period of unpaid FMLA leave if the

employee fails to return from FMLA leave after the period of leave to which the

employee is entitled has expired and the employee fails to return to work for a reason

other than the continuation, recurrence or onset of a serious health condition for which

the employee would be entitled to FMLA leave or for other circumstances beyond the

control of the employee.

 

Request for Leave

 

All employees requesting a leave of absence, whether for FMLA leave purposes or not,

shall complete and submit a written request on the form provided by the School District

which shall determine if the leave will be determined as FMLA leave. No employee

shall be entitled to a leave of absence unless the form is completed and submitted.

 

Notices/FMLA Fact Sheet

 

The rights and obligations of employees eligible for FMLA leave are as set forth in this

Policy and as set forth on the “FMLA Fact Sheet.” If an employee requests and is

eligible for FMLA leave, or if the School District designates a leave as FMLA leave, the

employee shall be provided with the “FMLA Fact Sheet.” The employee shall sign a

copy of the “FMLA Fact Sheet” which shall be maintained in the employee’s personnel

file. If the employee cannot sign the “FMLA Fact Sheet” or refuses to sign it, appropriate

documentation of the circumstances shall be prepared and maintained in the employee’s

personnel file, with a copy of such documentation being provided to the employee.

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