Skip to Content Skip to Footer Accessibility Concerns

Back to Index | Relevant Policy - 7.28 Staff Approved Leaves of Absence and Family Medical Leave (FMLA)
7.28.P.1 Staff Approved Unpaid Leaves of Absence and Family Medical Leave (FMLA)
PROCEDURE PROCEDURE

Reference:
Section 7.28 - Policy

 

1.    OVERVIEW – APPROVED UNPAID LEAVE 
 
a.    The Superintendent has the responsibility to create procedures to implement two forms of approved unpaid leave per DUSD policy.  They are:
 
i.    Approved unpaid leave for extenuating circumstances and

ii.    Approved unpaid leave for reasons related to the Family Medical Leave Act (FMLA).
 
b.    The Superintendent has designated the Human Relations Department (hereinafter Department) with the responsibility for receiving and processing requests for approved unpaid leaves of absence.  
 
c.    The Human Relations Department shall stay informed about federal and legal changes to FMLA.  The Human Relations Department shall ensure that any legally required notices to employees about their rights e.g. FMLA are posted in appropriate employee work areas to ensure compliance.
 
d.    Below are the procedures for implementation of this leave for staff.

2.    PROCEDURES TO OBTAIN AN APPROVED UNPAID LEAVE OF ABSENCE FOR EXTENUATING CIRCUMSTANCES. (NON-FMLA)
 
a.    The Department will maintain an online application and processing procedure to include information advising employees about eligibility and the application process for this form of leave.
 
b.    The application and eligibility criteria for this leave is established and requirements outlined by the Board in its related Policy.  All information provided to and obtained from employees should be consistent with this policy.

c.    Once an application is received by the Department, if supporting documentation is needed, the Department will seek to obtain that information from the applicant.  Documentation must be submitted to the Department by the employee before the application will be reviewed.

d.    A completed application is one that includes all supporting documentation.  It will be forwarded from the Department to the Assistant Superintendent for Human Relations for review and recommendation to the Superintendent.

e.    The Superintendent within his/her discretion shall determine whether an application should be approved and/or forwarded to the Board for approval.

f.    The Superintendent may approve leaves up to 12 weeks in length.  Leaves beyond 12 weeks must be submitted to the Board for approval.

g.    Extensions for an approved unpaid leave of absence must be submitted by the employee and approved at least 30 days prior to the conclusion of the initial approved leave with all required documentation.  

h.    The maximum amount of time a leave will be approved or extended is one (1) year.
 
3.    PROCEDURES TO OBTAIN AN APPROVED UNPAID LEAVE OF ABSENCE FOR FAMILY MEDICAL LEAVE (FMLA)
 
a.    The Department will maintain an online application and FMLA application processing procedure to include information for employees about eligibility, the application process and approval process for FMLA leave. Please note at the employer or employee’s option certain paid leave may be substituted for unpaid leave. 

b.    Upon receipt of an application for FMLA leave, an employee shall be provided a Notice of Employee Rights and Responsibilities Under the Family and Medical Leave Act.  These notices are required by the federal FMLA law the text of which can be obtained online from the federal government.

c.    The application and eligibility criteria for this leave is established and requirements outlined by the Board in Policy 7.28 and the Family Medical Leave Act.  All information provided to and obtained from employees should be consistent with the law and district policy.

d.    Employee applications must be submitted 30 days in advance of the need to take the leave when foreseeable and as soon as practicable thereafter. 

e.    Once an application is received by the Department, the employee should be informed if they are eligible or not under FMLA.
 
i.    If eligible, notice must be provided that includes the information outlined in 3.b above as well as specification of any additional information that may be required as well as notice as to how to submit the information and any deadlines. 

ii.    If not eligible, the employee must be informed as to the reason for the ineligibility. 
 
f.    A completed application is one that includes all supporting documentation. 

g.    Requests for Intermittent or Reduced Time Leave (IRT) will be approved when medically necessary or for “qualifying exigencies”.  Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt district operations. 
 
h.    Requests for FMLA leave meeting the FMLA criteria shall be approved.
 
i.    Up to 12 weeks in a 12 month period 

ii.    Up to 26 weeks in a 12 month for Military Caregiver Leave. 

4.    PROCEDURES FOR STAFF AT THE EXPIRATION OF AN ANY APPROVED UNPAID LEAVE OF ABSENCE 
 
a.    Staff returning to work after an approved non-FMLA leave will be at the start of a new term (semester) or at such time that instructional programs and/or efficiency of operations will not be interrupted or disrupted.

b.    Upon return from FMLA leave, an employee shall be restored to the same position held before the FMLA leave commenced or to an equivalent position with equivalent pay, benefits and working conditions.

c.    Employees are required to provide a medical certificate from a health care provider that the employee is able to resume work before return from unpaid leave for a serious personal health condition.
 
5.    HEALTH CARE CONTINUATION
 
a.    FMLA leave: The employee’s health care coverage shall be continued for an employee on an approved leave under the same terms and conditions as if employee continued to work.  
 
i.    The Payroll and Benefits department will make arrangements with the employee regarding collection of any employee benefit contributions they would normally have deducted from their payroll were the employee not on leave. 

ii.    Note: If your FMLA leave is extended into a non-FMLA status, your benefits through DUSD will terminate at the end of the month in which your FMLA leave ends.  You will have the opportunity to continue insurance by paying the full cost of the premiums through COBRA. For more information and related forms, contact the Payroll and Benefits Department.  

iii.    If the employee does not return to work after approved FMLA leave expires, the employee shall be required to repay any health care premiums paid by the district unless the Superintendent or designee determines that failure to return is due to circumstances beyond the employee’s control.
 
b.    NON-FMLA unpaid leave: For non-FMLA leave greater than 30 calendar days (includes a leave that begins less than 30 calendar days from the end of your work calendar), benefits will terminate at the end of the month of your last dy worked.  Employees have the opportunity to continue insurance by paying the full cost of the premiums through COBRA. For more information and related forms, contact the Payroll and Benefits Department.  Benefits will be reinstated on the first day of the month following their return to work date.