4152.6

4252.6

Personnel -- Certified/Non-Certified

Personal Leaves

Family and Medical Leave Act

The Board will provide leave to eligible employees consistent with the Family and Medical Leave Act of 1993 (FMLA) as amended. Eligible employees (employment for at least one-year and at least 1.250 hours actually worked in the twelve month period immediately preceding the commencement of the leave) are entitled to up to 12 work weeks of unpaid family and medical leave in any 12-month period. The District will continue to pay the district's share of the employee's health benefits during the leave. In addition. the District will restore the employee to the same or an equivalent position with equivalent benefits, pay and other conditions of employment after the termination of the leave in accordance with Board policy and collective bargaining agreements.

Eligible employees are entitled to take unpaid leave for a covered family member's service in the Alined Forces, for any one or for a combination of the following reasons:

  A "qualifying exigency" as defined by Department of Labor regulations arising out of a covered family member's active duty or call to active duty in the Armed Forces in support of a contingency plan: and/or

  To care for a covered family member who has incurred an injury or illness in the line of duty while on active duty in the Armed Forces provided that such duty or illness may render the family member medically unfit to perform duties of the member's office. grade, rank or rating.

When leave is due to a "qualifying exigency- of a service member. an eligible employee may take up to 12 work weeks of leave during any 12 month period. When such leave is to care for an injured or ill service member. an eligible employee may take up to 26 work weeks of leave during a single 12 month period to care for the service member. 1.eave to care for an injured or ill service member. when combined with other INII.A-qualifying leave. may not exceed 26 weeks in a single 12 month period.

Employees will not be deprived of MI\ employment benefits accrued before taking FMLA leave.

The District will maintain health insurance benefits at the same basis as is provided to other similarly situated employees. (conversely. employees on FMLA leave are not entitled to accrue any seniority or benefits during the leave unless determined otherwise due to a collective bargaining agreement. When an employee returns from FMLA leave. benefits will be resumed in the same manner as provided prior to taking the leave. subject to any changes in benefit levels that may have occurred during the FMLA leave period and which affect the entire work force. Leave available for eligible employees under FMLA is not intended to supplement leave otherwise provided to such employees. The District may require the eligible employee substitute any accrued vacation or sick leave for any part of the twelve week period that may he taken for the serious health condition of a spouse. child or parent. or for the employee's own serious health condition.

In complying with the FMLA. the District will adhere to the requirements of the Americans with Disabilities Act as well as other applicable federal and state laws.

[he Board. in compliance with state statute. shall provide to its employees who are a party to civil union with the same family and medical leave benefits under the federal Family Medical Leave Act (FMLA) as are provided to employees who are party to a marriage. In addition. the Board shall allow its employees leave time under this policy to serve as organ or hone marrow donors.

The District, in compliance with FMLA's regulations, will post and keep posted on its premises_ in conspicuous places where employees are employed. a notice explaining the provisions of the FMLA and providing information concerning the procedures for filing complaints of violations of the Act. Electronic posting may be utilized.

(cf. 4118.14 - Disabilities)

(cf. 4151.2 - Family Illness)

(cf. 4152.3 - Maternity; Adoptive: Child Care)

Legal Reference:  P.L. 103-3 and 29 CFR Part 825 - The Family and Medical Leave Act of 1993, as amended by 11.R. 4086.

the National Defense Authorization Act for Fiscal Year 2008. Section 585. 29§2601 et seq.

Final Rule - published in Federal Register. Vol. 60. Nov. 4. Friday, January 6, 1995. as amended on I el,ruan 3. 1005. March 30. 1995, and on November 17, 2008. Rules and RLTulations (29 CFR Part 825).

Connecticut General Statutes

46b-3800 Applicability of statutes to civil unions and parties to a civil union.

PA 07-245 An Act Concerning Family and Medical Leave for Municipal Employees.

Policy adopted: 8 /1 / 0 9

rev. 7/07 rev. 4'08 rev. 4/09