FILE: GBRIBA

FAMILY AND MEDICAL LEAVE

The Livingston Parish School Board shall permit qualified employees to take up to twelve (12) workweeks of unpaid leave in a twelve (12) month period for family and medical reasons. Employees qualifying for family and temporary medical leave shall have been employed by the Board for the previous twelve (12) months prior to the date of the leave to be taken. For the purposes of this policy, the 12 month period shall be the same as the fiscal year, July 1 to June 30. Such unpaid leave may only be taken for the following reasons:

1. For the birth of the employee's child and subsequent care;

2. For the placement of a child with the employee for adoption or foster care;

3. In order to care for the spouse, child or parent of the employee who has a serious health condition; or

4. When the serious health condition of the employee renders the employee unable to perform the function of the position of such employee.

Leave may be taken for birth or placement of a child only within twelve (12) months of the birth or placement.

Generally, the time taken for family and medical leave shall be on a continuous basis. However, the employee shall be permitted to take leave on an intermittent or reduced basis to care for a seriously ill family member or the employee's own illness when medically necessary. An employee may take intermittent leave for the birth or adoption of a child only with Board approval.

If a teacher's period of absence on intermittent leave amounts to more than 20% of classroom time, the teacher may be required to take continuous leave throughout the treatment period or be placed temporarily in an equivalent position, for which the teacher is qualified and which has equivalent status, pay and benefits, and which would not be so disruptive to the classroom.

The School Board may make the following special arrangements for teachers taking leave near the completion of a semester:

1. If the teacher begins leave more than five (5) weeks prior to the end of the semester, the Board may require said teacher to continue leave until the end of the semester if the leave is of at least three (3) weeks duration and the return to work would occur during the 3-week period before the end of the semester.

2. If the teacher begins leave for the birth of the teacher's child and subsequent care; for the placement of a child with the teacher for adoption or foster care; or in order to care for the spouse, child or parent of the teacher who has a serious health condition, within the last five (5) weeks of the semester, the Board may require the employee to continue taking leave until the end of the semester if the leave is to be longer than two (2) weeks and the return to work would occur during the last two (2) weeks of the semester.

3. If the teacher begins leave for the same reasons as outlined in #2 above, within the last three (3) weeks of the semester and the leave is greater than five (5) working days, the Board may require the teacher to take leave until the end of the semester.

In any case in which the necessity of leave is for the birth of the employee's child and subsequent care; or for the placement of a child with the employee for adoption or foster care, and said necessity of leave is foreseeable based on the expected birth or placement, the employee is required to provide the Board with at least thirty (30) days notice, before the date the leave is to begin. If the date of birth or placement requires the leave to begin in less than thirty (30) days, notice shall be given as soon as possible.

In any case in which the necessity of leave is in order to care for the spouse, child or parent of the employee who has a serious health condition; or when the serious health condition of the employee renders the employee unable to work, and the need to take such leave is foreseeable based on planned medical treatment, the employee is required to make a reasonable effort to schedule the treatment so as not to disrupt school operations.

The School Board may require an employee to provide medical certification to support the request for family and medical leave. Such certification shall be provided in a timely manner. The employee shall be permitted to substitute any accumulated sick leave and/or annual leave for any family and medical leave time requested. The Board may require an employee to first use any accumulated sick, personal and/or annual leave time for any part of the twelve (12) week period. If paid leave is used by an employee, the Board shall provide only enough unpaid family and medical leave time to total the allowed 12-week period.

Any employee taking family and medical leave shall have the right to return to his/her previous position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. An employee returning to service at the end of his/her leave period for personal medical reasons shall be required to present to the School Board a letter from his/her doctor certifying that the employee is able to return to work.

 

Ref: 29 USCA 2601 et seq.(The Family and Medical Leave Act of 1993).