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Leaves of Absence
Family Medical Leave Act (FMLA) / California Family Rights Act (CFRA)
The Federal Family Medical Leave Act (FMLA)/California Family Rights Act (CFRA) provides up to 12 weeks of unpaid, job-protected leave to eligible employees for certain qualifying family and medical reasons. IUSD will maintain the employee’s group health plan coverage for the duration of this leave. Leave is also available for pregnancy, childbirth and related medical conditions under the California Pregnancy Disability Leave Act (PDLA) and IUSD policy. The following is a synopsis of the provisions and/or information that applies in most cases.
- 12 months service with employer and 1,250 hours of service in the last 12 months.
- For eligibility purposes, full-time teachers are deemed to meet the 1,250 hour test.
- There is no exception to the 1,250 hour test in the FMLA/CFRA for instructional assistants, aides, counselors, psychologists, curriculum specialists, and other primarily noninstructional employees.
- Even if you are not eligible for FMLA/CFRA leave, if you are disabled by pregnancy, childbirth, or related medical conditions, you are entitled to take a pregnancy disability leave of up to five (5) months depending on the duration of disability. If you are CFRA-eligible, you have a right to take both a pregnancy disability leave and a CFRA leave for the reason of the birth of your child and in order to care for the child.
- Birth of child or in order to care for such child.
- Serious health condition of employee that keeps him/her from performing job functions.
- Placement of child with employee for adoption or foster care.
- To care for serious health condition of spouse, registered domestic partner, minor child, or parent.
- 12 weeks within 12 month period (based on the initial date of the qualifying event).
- If for birth, adoption, or foster care placement, leave must be initiated within one year of the event. 12 weeks is in addition to pregnancy disability leave.
- If leave is taken for an employee’s own serious health condition or for the purpose of caring for a spouse, child, or parent with a serious health condition, an employee may take leave intermittently or on a reduced leave schedule if medically necessary.
- The IUSD may temporarily assign an employee requesting intermittent leave to an alternate position with equivalent pay and benefits which better accommodates the employee’s intermittent leave schedule.
- Use of accrued vacation time or other accumulated paid time off (i.e., personal necessity) is required for an employee who takes leave for the birth, adoption or foster care placement of a child or for the purpose of caring for a spouse, child, or parent with a serious health condition.
- Use of sick leave, vacation and other accumulated paid time off (i.e. differential leave) is required for an employee who takes leave for his/her own serious health condition.
- Paid leave and requested unpaid FMLA/CFRA leave will run concurrently.
- No accrual of vacation while on unpaid FMLA/CFRA leave.
- For purposes of retirement plans, the IUSD shall not be required to make plan payments during the leave period and the leave period shall not be counted for time accrued under the plan.
Notice / Medical Certification
- 30 days notice required for foreseeable events; for unforeseeable events, as soon as practicable.
- The IUSD requires medical certification of an employee’s own or the employee’s family member’s serious health condition stating: date condition began; probable duration; statement that condition warrants family member care. Certification must be provided within 15 days.
- In case of leave for own serious health condition, employee must have attending physician issue a fitness for duty report, releasing employee to resume work with or without reasonable accommodation.