NORTH PENN SCHOOL DISTRICT
Administrative Regulations
4152(a)
PERSONNEL
Reference: Board Policies # 4152.2 &
4152.3
Professional and Support Staff
Family and Medical Leave (FMLA) NEW VERSION
Family and medical leave will be provided according to the provisions of the FMLA of 1993 and board
policy 4152.3, to all eligible employees of the North Penn School District. Except as noted below, the
District will provide up to 12 weeks (60 working days) of family and medical leave (hereafter referred to
as leave) during the twelve-(12) month period commencing July 1st and ending June 30th. Except as
noted below, the leave shall not exceed twelve (12) weeks in that twelve (12) month period. To be
eligible for this leave, employees must be employed by the North Penn School District for at least twelve
(12) months at the time the leave is expected to commence and have worked at least 500 to 900 hours
of service within the previous twelve (12) month period immediately preceding commencement of the
leave.
Qualifying Reasons for Leave
Leave for the Birth of a Child or for the Placement of a Child with the Employee for Adoption or
Foster Care
An employee who exercises his/her right to take a maternity leave or childrearing leave under
board policy for the purpose of the birth and care of a newborn child or the placement and care of
an adopted/foster child shall have this time count toward FMLA time. This time will be unpaid
unless the employee has any personal leave or accumulated vacation time. Because of the North
Penn School District's more generous policy regarding childrearing, the employee may take more
time in accordance with Board Policy #4152.2. In such instances, benefit coverage would be in
accordance with the FMLA and board policy.
Leave Due to Personal Serious Illness (Medical Leave)
A “serious illness" is an illness that involves incapacity and inpatient care, subsequent treatment or
incapacity, or continuing treatment by a health care provider. In most instances, time spent on sick
leave and disability will count toward FMLA time. This time will be paid to the extent of available
sick leave and in accordance with the district's disability plan. Employees who request a leave due
to personal serious illness will be required to obtain a medical certification from a doctor specifying
that the employee is medically unable to work and must provide recertification as required by the
FMLA. Employees will also be required to provide documentation from a physician stating that they
are able to return to work. The district may, at its discretion and expense, require a second medical
opinion as to such medical certifications.
An employee who exercises his/her right to take maternity leave for pregnancy-related disabilities
or pregnancy-related complications under Board Policy 4152.2 shall have this time count toward
FMLA time. If the employee has available sick leave to cover the period of the absence, then the
leave will be paid leave to that extent. If there is insufficient sick leave to last for the full period of
the maternity leave taken, then the leave will be unpaid to that extent until such time as the
employee becomes eligible for disability income protection. At that time, the leave may be paid
leave per the district disability income protection plan.
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4152(b)
Leave to Care for a Spouse, Parent (Not Parent-In-Law), or Child
This type of leave is for the specified relatives with a serious health condition. Time spent on this
type of leave will be unpaid and will count toward FMLA time. Medical documentation is required.
The employee shall provide medical documentation stating the date the medical condition
commenced, the probable duration, and the schedule of planned medical treatment in the cases of
reduced schedule or intermittent leave.
Military Family Leave
•
Leave to Care for Service Member’s Relative
This type of leave is for employees who have a spouse, parent, or child who is on or has
been called to active duty. These workers may take up to 12 weeks of FMLA when they
experience “any qualifying exigency” such as necessary family and childcare responsibilities
for the service member when that family member is called to active duty or to attend to
affairs caused by the missing status or death of a service member.
•
Leave to Care for a Seriously Injured or Ill Service Member
This type of leave is for an eligible employee who is the spouse, parent, child, or next of kin
of a covered service member who is recovering from a serious illness or injury sustained in
the line of duty on active duty. The eligible employee is entitled to up to 26 weeks of leave in
a single 12-month period to care for the service member. Military caregiver leave is
available during “a single 12-month period” during which an eligible employee is entitled to a
combined total of 26 weeks of all types of FMLA leave.
Employees who request military family leave are subject to the same requirements as other types
of FMLA leave, including employee eligibility and notice requirements, maintenance of benefits and
job reinstatement provisions.
The district may require certification that the family member is on active military duty.
Provisions When Both Employee and Spouse Work for NPSD
If both employee and spouse work for the North Penn School District, then only a total of 12 weeks can
be taken between the two of them for birth, placement of a child, or to care for a parent (not parent-inlaw) with a serious health condition.
If both employee and spouse work for the North Penn School District, they would each be entitled to 12
weeks of leave under the Family and Medical Leave Act for personal serious illness or the illness of a
spouse or child. However, because of the North Penn School District's more generous practice
regarding disability income protection and the extension of benefits during that time current practices
surpass the requirements of the Family and Medical Leave Act. Time spent on disability would count
toward the 12-week obligation created by the Family and Medical Leave Act.
Notice Requirements
A request for FMLA leave must be on a district form(s) which may be obtained from the human
resources office. The employee must specify the reason for the leave.
An employee expecting to take a leave of absence under the FMLA must provide to the North Penn
School District at least 30 days advance notice that he/she anticipates taking a leave, if the need for the
leave is foreseeable. If 30 days notice is not practical, then notice must be given as soon as is practical
to the human resources office. “As soon as is practical" should be interpreted to mean at least verbal
notification within three days of when the need for the leave becomes known to the employee. The
request must be confirmed in writing as soon as practical thereafter.
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4152(c)
If the required notice is not given, the board may require, at its option, that the employee take leave for a
particular duration or transfer temporarily to an alternative position, if applicable. Alternatively, the board
may, at its option, require the employee to delay taking leave until the notice requirement is met.
If the leave is for a planned medical treatment, it is incumbent upon the employee to make every
reasonable effort to schedule the leave to avoid any negative impact on the duties and responsibilities of
the employee. The North Penn School District reserves the right, for justifiable cause, to require the
employee to reschedule treatment with the approval of the health care provider.
Intermittent Leave, Reduced Leave Schedules and Transfers
Family care or illness leave may be taken intermittently when there is a documented medical necessity
for such leave. It must be that such medical need can be best accommodated through an intermittent
leave. Examples of such need might be medical appointments which cannot be scheduled some other
time or a treatment such as chemotherapy spread out over a period of time. Accrued sick leave shall be
used when the purpose of intermittent leave is one for which sick leave may be taken according to the
collective bargaining agreements and/or board policy. In such instances, such leave shall be paid leave. Leave taken for birth or adoption or foster placement may not be taken intermittently.
There may be times when a reduced leave schedule needs to be considered. This is, in effect, a change
in the employee's schedule for a period of time - normally from full-time to part-time. The request for a
reduced leave schedule will be considered by the district, but the final decision will be made by district
officials. It is the district's intent to consider the overall impact of such a reduced schedule on the
district's operation when deciding whether or not to grant this leave.
It is also possible that the district may require the employee to transfer to an alternative position if the
district should decide to grant a reduced leave schedule request. Although it is possible that the
alternative position might not have equivalent duties, it will be a position for which the employee is
qualified and would carry with it equivalent pay and benefits. There will be an appropriate pro-rated
reduction in salary based on the amount of time worked (i.e., If reduced schedule leave is for half-time,
then salary would also be half.) Vacation entitlement (if applicable) would also be pro-rated.
Special Provisions at End of the School Term
When an FMLA leave is taken that will conclude just prior to the end of the school term, conditions may
apply which may necessitate the leave being extended through to the end of the school year. These
special provisions will be explained in further detail should this situation arise.
Employee Rights
Placement upon return from leave will be determined by the district at the time the employee returns. An
attempt will be made to place the employee back into the position he/she left. However, it is quite
possible that in order to serve the best interest of the district, the employee may be returned to a
different position. This position will be substantially equivalent to the original position. Salary and
benefits will be equivalent. There may be circumstances where, as a result of 12 weeks leave under the
FMLA or other unpaid leave time, an employee (teacher) would not work a sufficient number of days in a
given year to qualify for a full year advancement on the salary schedule. In that situation, the employee
would be treated in accordance with the collective bargaining agreement.
If an employee is designated as a “key” employee, the school district may refuse to reinstate that
employee after the period of leave, subject to the terms and conditions of any collective bargaining
agreement or the Pennsylvania School Code. A key employee is a salaried employee who is among the
highest paid ten percent of all staff. An employee will be notified upon request for leave if s/he is a “key”
employee.
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4152(d)
Failure to return from an approved leave could result in the employee being terminated unless an
extension has been asked for and granted. It will be the district's intention to recover any premium
expenditures that are made on behalf of the employee if the employee fails to return.
Employees who have questions regarding his/her rights under the FMLA, should contact the human
resources office.
Reviewed: December 11, 2008
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