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    #6019.1

     

    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 If the FMLA is repealed or declared invalid, this Policy shall become void.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.