SCHOOL DISTRICT OF BARABOO FAMILY AND MEDICAL LEAVE PROCEDURE

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1 SCHOOL DISTRICT OF BARABOO FAMILY AND MEDICAL LEAVE PROCEDURE A. Introduction 1. The School District of Baraboo ( District ) provides leaves of absence designed to meet the requirements of the Wisconsin Family and Medical Leave Act ( WFMLA ) and the federal Family and Medical Leave Act ( FMLA ). 2. This document is intended to give employees a summary of benefits available under the WFMLA and the FMLA. 3. As the two laws intersect and overlap substantially, whichever law provides the employee the greater benefits will be granted. B. Purpose of the Family and Medical Leave Laws 1. The law is designed to allow employees to be absent from work for their own personal health condition, to care for the serious health condition of an immediate family member, for the birth or adoption of a child, and for certain military family leaves. While on leave, employees retain their group health benefits. 2. The law ensures that employees will not jeopardize their employment status because of the reasons listed above. C. Eligibility 1. For WFMLA eligibility, an employee needs to be employed with the District for 52 consecutive weeks and have been paid for 1,000 hours during the 52 week period immediately preceding the leave. 2. For FMLA eligibility, an employee must have worked for the District at least 1,250 hours in the preceding 12 months and been employed for at least 12 months. D. Leave Entitlement WFMLA 1. Under the WFMLA, an eligible employee is entitled to: a. 2 weeks for the employee s own serious health condition; b. 2 weeks for the serious health condition of a parent, child, spouse, domestic partner (as understood in sections 40.02(21d) or (1) of the Wisconsin Statutes), or parent of a spouse or domestic partner; and c. 6 weeks for birth or adoption of the employee s child (leave must begin within 16 weeks of child s birth or of child s placement for adoption) E. Leave Entitlement FMLA 1. Under the FMLA, an eligible employee is entitled to 12 weeks of leave per 12 month period for any and all of the following: a. The serious health condition of the employee; b. The serious health condition of the employee s parent, child or spouse. c. Because of any qualifying exigency arising out of the fact that the spouse,

2 or a son, daughter, or parent of the employee is on active duty in the Armed Forces in support of a contingency operation; d. The birth or adoption of the employee s child; Leave must be taken within the 12 months following the date of birth of the child or following placement of child for adoption. Special Rule: Birth or Adoption Spouses Working for Same employer If a husband and wife both work for the District, and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, the maximum combined federal FMLA leave for both spouses for these purposes is 12 weeks. Under the Wisconsin FMLA, each employee is entitled to up to 6 weeks of leave for the birth or adoption of a child. When a husband and wife both work for the District and intend to take leave for the birth or adoption of a child, they should contact the Human Resource Department to determine the amount of leave available. 2. Under the FMLA, Servicemember Family Leave allows an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember to a total of 26 workweeks of leave during a 12 month period to care for the servicemember. Intermittent Leave Intermittent leave will be permitted generally when it is medically necessary for the serious health condition of the employee or the employee s immediate family members. In some cases, intermittent leave will be permitted for the birth or placement for adoption. Intermittent leave must be scheduled with minimal disruption to an employee s job. To the extent an employee has control, medical appointments and treatments related to a serious health condition should be scheduled outside of working hours or at such times that allow for a minimal amount of time away from work. Employees who wish to take intermittent and/or reduced schedule leave should provide a proposed schedule to the Human Resource Department to determine whether they are eligible for such leave. F. Definitions 1. Serious health condition a. For purposes of the WFMLA, a "serious health condition" is a disabling physical or mental illness, injury, impairment or condition involving either: i. Inpatient care in a hospital, nursing home, or hospice; or ii. Outpatient care that requires continuing treatment or supervision by a healthcare provider.

3 b. For the purposes of the FMLA, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves: i. Inpatient care (overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity and any subsequent treatment in connection with the inpatient care. "Incapacity" is an inability to work, attend school or perform other regular daily activities due to the serious health condition. OR ii. Continuing treatment by a health care provider that involves any of the following: 1. A period of incapacity of more than three consecutive calendar days and either of the following: a. Two or more treatments by a healthcare provider (or certain individuals working in conjunction with a healthcare provider) within 30 days of the first day of incapacity, unless extenuating circumstances exist. b. Treatment by a healthcare provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. 2. Any period of incapacity due to pregnancy or prenatal care is a serious health condition. 3. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one that... a. Requires periodic visits for treatment by a healthcare provider (or certain individuals working in conjunction with a health care provider); b. Continues over an extended period of time; AND c. May cause episodic rather than a continuing incapacity (e.g., asthma, diabetes, epilepsy). 4. A period of incapacity which is permanent due to a condition for which treatment may not be effective. The person must be under the supervision of a health care provider but need not receive continuing treatment. Examples: Alzheimer's disease, a severe stroke, and the terminal stages of any illness. 5. A period of absence to receive multiple treatments from a health care provider (or certain individuals working in conjunction with a health care provider) for either of the following:

4 a. Restorative surgery after an accident or other injury; OR b. A condition that would result in a period of incapacity of more than three consecutive calendar days but for the treatment. Examples: cancer (chemotherapy), severe arthritis (physical therapy), kidney disease (dialysis), and restorative surgery. 2. Child a. Under the WFMLA, a child is a natural, adopted, foster or treatment foster child, stepchild or legal ward who is less than 18 years of age or, if 18 or older, cannot care for himself or herself because of a serious health condition. b. Under the FMLA, a child is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and incapable of self care because of a mental or physical disability at the time that FMLA leave is to commence. Frequently Asked Questions(FAQs) 1. Can I substitute accrued paid leave for my family or medical leave? (That is to say, may I apply my sick leave, etc. to days when I am out on WFMLA and/or FMLA leave?) a. Under the WFMLA, an employee may elect to substitute accrued paid or unpaid leave of any other type provided by District. If an employee elects to substitute accrued paid leave for WFMLA leave, the two leaves will run concurrently. b. Under the FMLA, an e mployee may elect or the District may require accrued paid leave to be substituted in some cases. Employees may not substitute paid sick leave for any situation not covered by employer's leave plan (e.g., under the FMLA, an employee may not apply emergency leave to FMLA leave for his/her own serious health condition). 2. Do WFMLA and FMLA leave run concurrently? Yes. 3. When does the 12 month year start and end? For both the WFMLA and the FMLA, the 12 month year begins on January 1 and ends on December 31.

5 4. Will my health benefits continue while I am on leave? Yes. During the entire course of the leave, group health benefits are continued, and the District continues to pay its portion of the employee s health and dental insurance premiums. However, to the extent permitted by applicable law, an employee shall be required to compensate the district for any health and dental insurance premiums paid on his/her behalf during the employee s unpaid family and medical leave if the employee does not return to work after taking family and medical leave. For purposes of this requirement, the phrase return to work means returning to work for at least 30 calendar days. 5. What if I need more time off than is permitted under the WFMLA/FMLA? a. To the extent you have paid leave available that applies to your reason for leave, you may continue to use that. For instance, if you continue to have accrued sick leave after exhausting your WFMLA and FMLA leave for your own serious health condition, you may continue to use your sick leave. b. For any day you miss after exhausting your WFMLA leave, FMLA leave, and any applicable paid leave, you will not receive compensation for that day and will be responsible for paying 100% of any benefits you receive for that day (e.g., both the District s and the employee s contributions to the health insurance premium). c. You may be eligible for benefits under a short or long term disability policy. H. Steps for Applying For Family and Medical Leave 1. Notice Requirements: a. If you have any questions about your rights under the WFMLA or FMLA, please contact Colleen Bradley (Human Resource Specialist) (ext. 1025, cbradley@barabooschools.net ). b. If the event is foreseeable, the employee should provide the District with at least 30 days advance notice before the leave is to begin. c. If 30 days notice is not practicable, such as because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable. 2. Complete the Request for Family and Medical Leave form. See District website ( Staff dropdown menu > Human Resources ). 3. Notify your supervisor that you have applied for family and medical leave, and forward the form to Human Resources. 4. Human Resources will provide a response to the request that may include the following: a. A statement as to whether the employee is eligible; b. A request to furnish appropriate certification (if not furnished at the time of request); c. Available leave days including whether the days are unpaid, substitution of

6 accrued paid leave or vacation days; d. Return to work notification and requirements, if applicable; e. Additional pertinent information.