DECA(LEGAL) -

Note: This policy summarizes the Family and Medical Leave Act (FMLA) and implementing regulations, including FML for an employee seeking leave because of a relative's military service. For provisions on leaves in general, see DEC. For provisions addressing leave for an employee's military service, see DECB.

General Provisions

Covered Employer

Eligible Employee

  1. Has been employed by a district for at least 12 months. The 12 months need not be consecutive;
  2. Has been employed by a district for at least 1,250 hours of service during the 12-months immediately preceding the commencement of leave; and
  3. Is employed at a worksite where 50 or more employees are employed by the district within 75 miles of that worksite.

Qualifying Reasons for Leave

  1. For the birth of a son or daughter, and to care for the newborn child;
  2. For placement with the employee of a son or daughter for adoption or foster care [For the definitions of "adoption" and "foster care," see 29 C.F.R. 825.122.];
  3. To care for the employee's spouse, son or daughter, or parent with a serious health condition;
  4. Because of a serious health condition that makes the employee unable to perform the functions of the employee's job [For the definition of "serious health condition," see 29 C.F.R. 825.113.];
  5. Because of any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status (or has been notified of an impending call or order to covered active duty) [For the definition of "military member," see 29 C.F.R. 825.126(b). For the definition of "covered active duty" and "call to covered active duty status," see 29 C.F.R. 825.102.]; and
  6. To care for a covered service member with a serious injury or illness incurred in the line of duty if the employee is the spouse, son, daughter, parent, or next of kin of the service member. [For the definitions of "covered service member" and "serious injury or illness," see 29 C.F.R. 825.102, .122.]

Qualifying Exigency

  1. Short-notice deployment.
  2. Military events and related activities.
  3. Childcare and school activities.
  4. Financial and legal arrangements.
  5. Counseling.
  6. Rest and recuperation.
  7. Post-deployment activities.
  8. Parental care.
  9. Additional activities, provided that the district and employee agree that the leave shall qualify as an exigency and agree to both the timing and duration.

Pregnancy or Birth

Definitions

"Equivalent Position"

"Next of Kin"

  1. The blood relative specifically designated in writing by the covered service member as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. The designated individual shall be deemed to be the covered service member's only next of kin; or
  2. When no such designation has been made, the nearest blood relative other than the covered service member's spouse, parent, son, or daughter, in the following order of priority:
    1. Blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions,
    2. Brothers and sisters,
    3. Grandparents,
    4. Aunts and uncles, and
    5. First cousins.

"Parent"

"Son or Daughter"

"Spouse"

  1. Was entered into in a state that recognizes such marriages; or
  2. If entered into outside of any state, is valid in the place where entered into and could have been entered into in at least one state.

Leave Entitlement and Use

Amount of Leave

Determining the 12-Month Period

  1. The calendar year;
  2. Any fixed 12-month "leave year," such as a fiscal year or a year starting on an employee's "anniversary" date;
  3. The 12-month period measured forward from the date any employee's first FMLA leave begins; or
  4. A "rolling" 12-month period measured backward from the date an employee uses any FMLA leave.

Military Caregiver Leave

Summer Vacation and Other Extended Breaks

Intermittent or Reduced Leave Schedule

Transfer to Alternative Position

Calculating Leave Use

Special Rules for Instructional Employees

Failure to Provide Notice of Foreseeable Leave

20 Percent Rule

  1. To take leave for a period or periods of a particular duration, not greater than the duration of the planned treatment; or
  2. To transfer temporarily to an available alternative position for which the employee is qualified, which has equivalent pay and benefits and which better accommodates recurring periods of leave than does the employee's regular position.

Leave at the End of a Semester

More Than Five Weeks Before End of Semester

  1. The employee begins leave more than five weeks before the end of the semester;
  2. The leave will last at least three weeks; and
  3. The employee would return to work during the three-week period before the end of the semester.

During Last Five Weeks of Semester

  1. The employee begins leave during the last five weeks of the semester for any reason other than the employee's own serious health condition or a qualifying exigency;
  2. The leave will last more than two weeks; and
  3. The employee would return to work during the two-week period before the end of the semester.

During Last Three Weeks of Semester

Substitution of Paid Leave

Compensatory Time

FMLA and Workers' Compensation

Maintenance of Health Benefits

Payment of Premiums

Failure to Pay Premiums

Recovery of Benefit Cost

Right to Reinstatement

Moonlighting During Leave

Reinstatement of School Employees

Pay Increases and Bonuses

Key Employees

Notices and Medical Certification

Employer Notices

General Notice

  1. Include the notice in employee handbooks or other written guidance to employees concerning employee benefits or leave rights, if such written materials exist; or
  2. Distribute a copy of the general notice to each new employee upon hiring.

Eligibility Notice

Rights and Responsibilities Notice

Designation Notice

Retroactive Designation

Employee Notice

Foreseeable Leave

Unforeseeable Leave

Compliance with District Requirements

Certification of Leave

Timing

Incomplete or Insufficient Certification

Medical Certification of Serious Health Condition

Genetic Information

Authentication and Clarification

Second and Third Opinions

Foreign Medical Certification

Recertification

Certification—Qualifying Exigency Leave

Certification—Military Caregiver Leave

Intent to Return to Work

Fitness for Duty Certification

Failure to Provide Certification

Miscellaneous Provisions

Records

Prohibition Against Discrimination and Retaliation

Lumberton ISD

DECA(H)-P

UPDATE 109

DATE ISSUED: 10/30/2017