CAMBRIDGE PUBLIC SCHOOLS FAMILY AND MEDICAL LEAVE, PARENTAL LEAVE AND SMALL NECESSITIES LEAVE POLICY

Transcription

1 CAMBRIDGE PUBLIC SCHOOLS FAMILY AND MEDICAL LEAVE, PARENTAL LEAVE AND SMALL NECESSITIES LEAVE POLICY File: GCCAG Tis policy covers employee eligibility for leave under te related Family Medical Leave Act (FMLA), Parental Leave Act, and Small Necessities Act. Family and Medical Leave Eligibility To be eligible for Family and Medical Leave, employees must ave been employed by te Cambridge Public Scools for at least twelve (12) monts and ave worked at least 1,250 ours during te twelve (12) mont period immediately preceding te commencement of te leave. Te Family Medical Leave Act does not supersede any provision of any state law tat provides greater family or medical leave rigts establised under te federal law. Te Cambridge Public Scool s Family Medical Leave Act Policy is intended to comply wit applicable federal or state law. Leaves covered by te Family Medical Leave Act are subject to special regulations tat relate to instructional employees as defined below. Family and Medical Leave In accordance wit te Family and Medical Leave Act of 1993 ( FMLA ) eligible employees are entitled to a total of twelve (12) weeks unpaid leave during any twelve (12) mont period (calculated by measuring te amount of leave over te twelve (12) monts preceding te date of any leave) for te following reasons: Te birt of a cild and in order to care for suc cild, provided any suc leave concludes witin twelve (12) monts of te birt of a cild; Te placement of a cild wit te employee for adoption or foster care provided suc leave concludes witin twelve (12) monts of te placement of te cild; In order to for care for an employee s spouse, cild, parent, sibling, grandparent or member of te immediate ouseold, wit a serious ealt condition; Because of te employee s own serious ealt condition tat makes te employee unable to perform te essential functions of te position. Leaves covered by te law, including parental leave, will be referred to in tis policy as FMLA leave. Any leave taken by an eligible employee for any of te reasons covered by tis policy will be considered FMLA leave even if te employee does not specifically identify it as FMLA leave. 1

2 Leave entitlements under state law and te federal FMLA run concurrently were bot laws cover te same type of leave. For example, time spent on parental leave under Massacusetts law will simultaneously be counted toward an employee s FMLA leave eligibility. Lengt of Leave FMLA leave may last for a total of up to twelve (12) weeks during any twelve (12) mont period, measured backward from te date any leave is used. Leave for te serious illness ealt condition of a spouse, cild, parent, sibling, grandparent or member of te immediate ouseold, or of te employee may be taken intermittently or on a reduced scedule, if medically necessary. Tis means, were appropriate, taking leave in blocks of time, or by reducing normal weekly or daily work scedules, so long as FMLA leave does not exceed te twelve (12) week maximum. Accrued sick leave, vacation, compensatory time, and/or personal days, if any, may be applied. Intermittent leave for te birt, adoption or placement of a cild may be taken on an intermittent basis only by prior arrangement and approval by te Office of Human Resources. Accrued sick leave, vacation, compensatory time, and/or personal days, if any, may be applied. Spouses bot working for te Cambridge Public Scools wo are eligible for FMLA leave are permitted to take a combined total of twelve (12) weeks under federal law, if te leave is for te birt, adoption or placement for foster care of a cild or to care for a parent wit a serious ealt condition. Accrued sick leave, vacation, compensatory time, and/or personal days, if any, may be applied. Instructional employees, wo include teacers and certain aides, are subject to special rules concerning wen tey can take intermittent or reduced scedule leave, and wen tey can take leave witin te five (5) weeks prior to te end of an academic term. Te Office of Human Resources sould be contacted to discuss suc leave. Twelve (12) weeks of unpaid leave during any 12-mont period for any qualifying exigency wen te employee s spouse, cild or parent is on active duty or is notified of an impending call or order to active duty or wen te service member is already on active duty in te Armed Forces, including te reserves and National Guard in support of a contingency operation. Accrued sick leave, vacation, compensatory time and/or personal days, if any, may be applied. Twenty-six (26) weeks of unpaid leave during one 12-mont period for te employee to care for a spouse, cild, parent or next of kin wo is a service member undergoing medical treatment, recuperation or terapy, is on out-patient status, or is on te temporary disabled retired list for a serious injury or illness tat occurred any time during te five years preceding te date of treatment. Accrued 2

3 Covered Healt Conditions sick leave, vacation, compensatory time and/or personal days, if any, may be applied. In accordance wit te FMLA, a serious ealt condition: means an illness, injury, impairment or pysical or mental condition tat involves one of te following: Hospital Care: Inpatient care (e.g., overnigt stay) in a ospital, ospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection wit suc inpatient care, as well as ome ospice care. Absence Plus Treatment: A period of incapacity of more tan tree (3) consecutive days including any subsequent medical treatment relating to te same condition. Pregnancy: Any period of incapacity due to pregnancy, or for prenatal care. Cronic Conditions Requiring Treatment: A condition wic requires periodic visits for treatment by a ealt care provider, continues over an extended period of time, and may cause sporadic rater tan continuing incapacity (e.g., astma, diabetes, epilepsy, treatment for drug abuse, etc.). Permanent Long-Term Conditions Requiring Supervision: A period of incapacity wic is permanent or long term for wic treatment may not be effective. Te employee or family member must be under te continuing supervision of, but need not be receiving active treatment by, a ealt care provider. Examples include Alzeimer s, severe stroke or te terminal stages of a disease. Multiple Treatments (Non-Cronic Conditions): Any period of absence to receive multiple treatments (or to recover terefrom) by a ealt care provider, or a provider of ealt care services under orders of, or on referral by, a ealt care provider, eiter for restorative surgery after an accident or oter injury, or for a condition tat would likely result in a period of incapacity of more tan tree (3) calendar days in te absence of medical intervention or treatment, suc as cancer (cemoterapy, radiation, etc.) severe artritis (pysical terapy), kidney disease (dialysis). Leave Request Arrangements and Medical Certification Employees are expected to submit a written request for leave as far in advance as possible to te Office of Human Resources. Notice sould also be provided to te employee s immediate supervisor. 3

4 In instances were leave is foreseeable, employees must provide tirty (30) days advance notice of te leave request. In cases of planned medical treatment, te employee sould consult wit is or er immediate supervisor in an attempt to scedule te leave so as not to disrupt Cambridge Public Scools operations. Were leave is not foreseeable, suc as during a medical emergency, notice must be given as soon as is practicable, and ordinarily witin one or two business days of wen te employee learns of te need for te leave. Were te leave is for a serious medical condition of te employee or te employee s spouse, cild or parent, sibling, grandparent or member of te immediate ouseold, for parental leave, or oter leaves included in tis policy, te employee must submit written medical documentation supporting te need for te leave from te employee s (or oter affected family member s) ealt care provider to te Office of Human Resources. Te scool department may require te employee to submit medical recertification during a leave at tirty (30) day intervals unless te original certification indicates an incapacity of more tan tirty (30) days, and may require employees to report periodically on teir status and intent to return to work. In cases of leave due to te employee s own serious ealt condition wic exceeds sixty (60) days, employees may be required to submit a fitness for duty report from teir ealt care provider as a condition to restoration of teir job. In certain instances, at Cambridge Public Scools expense, a second medical certification may be required by a pysician te scool department designates, and in instances were a dispute remains, a tird medical certification may be required. An employee will not be permitted to commence or remain on FMLA leave unless a valid certification form is provided as described above. In te case of a foreseeable intermittent leave for planned medical treatment or during a period of recovery from a serious ealt condition, te scool department may require an employee to transfer temporarily to an available alternative position, at te equivalent pay and benefits, for wic te employee is qualified and wic better accommodates recurring periods of leave tan does te employee s regular position Pay During Leave Accrued sick leave, vacation, compensatory leave and/or personal days if any, may be applied during a covered FMLA leave for maternity, te placement of a cild wit te employee for adoption, or for an employee s own serious ealt condition. Eligible regularly appointed employees of te Cambridge Public Scools wo qualify for FMLA leave are allowed to apply accumulated sick leave days, if any, during an approved FMLA leave in te event of te serious ealt condition of a covered family member (spouse, cild or parent), up to a combined maximum of 12 weeks (60 work days). Suc leave would be applied for and granted in accordance wit te Leave Arrangements and Medical Certification provisions of tis policy 4

5 as set fort below. Employees are not eligible to apply for days from te Sick Leave Bank for family reasons. FMLA leave will be unpaid unless te employee as accrued sick leave, vacation, compensatory leave and/or personal days tat tey wis to apply. Benefits During Leave Te Cambridge Public Scools will maintain group ealt insurance during a covered FMLA leave on te same terms as if an employee ad continued work. Te amount of ealt insurance premiums (including medical, life, dental and disability insurance) will be deducted troug payroll deduction(s) during te period of leave wic is paid. During a period of unpaid FMLA leave, te employee must submit to te Benefits Department by te 15t of eac mont a ceck made payable to te City of Cambridge for te amount of te employee portion of te medical insurance premium. Separate cecks must also be submitted in te amount of te employee s portion of te premium for life, dental and disability insurance, it applicable. If an employee s ealt plan premium is more tan tirty (30) days late, employee coverage may be dropped upon fifteen (15) days advance written notice to te employee tat te payment as not been received and tat coverage will be dropped on a specific date unless payment is received. Employees may coose not to pay teir ealt insurance premium portion, in wic case teir ealt insurance coverage will lapse during teir leave. On return to work, ealt insurance benefits will be fully restored and payroll deductions will resume, sould tey wis to continue suc coverage. In te event tat an employee does not return from a covered FMLA leave for reasons oter tan te continuation or onset of a serious ealt condition, or circumstances beyond te control of te employee, te amount of any ealt insurance premiums paid by te Scool Department will be recovered by deducting suc amount from amount due to te employee, if any, or by oterwise seeking recovery of te premium troug legal process. Alternatively, te Scool Department may coose to pay te full premium during a covered unpaid FMLA leave, in wic case te full amount of te premium will be recovered by payroll deduction following te employee s return to work; or, if te employee does not return, by deducting te premium amounts from amounts due to te employee, if any, or by oterwise seeking recovery of te premium troug te legal process. 5

6 Reinstatement Following Leave Employees wo return from covered FMLA leaves will be reinstated to teir same or equivalent job wit equivalent pay, benefits and oter employment terms as required by te applicable state or federal law. However, time spent on leave does not count towards lengt of service credit, except for purposes of retirement or oter purposes as identified witin applicable collective bargaining agreements. Parental Leave Te Cambridge Public Scools Parental Leave Act Policy is intended to comply wit applicable state and federal law. Leaves covered by te Parental Leave Act are subject to regulations defined below. Under te Parental Leave Act, employees wo ave been employed for at least tree consecutive monts are eligible to take a minimum of eigt (8) weeks of parental leave, paid or unpaid, for te birt of a cild, te adoption of a cild under te age of eigteen (18), te adoption of a mentally or pysically disabled cild under te age of twenty-tree (23), or aving a cild placed wit te eligible employee pursuant to a court order. In accordance wit state law, two eligible employees sall only be entitled to eigt (8) weeks of parental leave in aggregate for te birt or adoption of te same cild. Leave entitlements under te state s Parental Leave Law and te FMLA run concurrently were bot laws cover te same type of leave. For example, time spent on parental leave for te birt of a cild under Massacusetts law will simultaneously be counted toward an employee s FMLA leave eligibility. Leave Request Arrangements and Medical Certification Employees are expected to submit a written request for leave as far in advance as possible to te Office of Human Resources. Notice sould also be provided to te employee s immediate supervisor. In instances were leave is foreseeable, employees must provide at least two (2) weeks advance notice of te leave request, including te anticipated date of departure and te employee s intention to return to work. Were leave is not foreseeable, notice must be given as soon as practicable, if te delay is for reasons beyond te individual s control, and ordinarily witin one or two business days of wen te employee learns of te need for te leave. Pay During Leave Accrued sick leave, vacation, compensatory days and/or personal days may be applied during a covered parental leave for te birt or adoption of a cild. Additionally, eligible regularly appointed employees of te Cambridge Public Scools are allowed to apply accumulated paid 6

7 sick leave, if any, during an approved parental leave in te event of placement of a cild under te age of eigteen (18) wit te eligible employee pursuant to a court order. Suc leave would be applied for and granted in accordance wit te Leave Arrangements Certification provisions of tis policy as set fort below. Employees would not be eligible to apply for days from te Sick Leave Bank for tis reason. Except as detailed above, all oter parental leave will be unpaid unless te employee as accrued vacation, sick, compensatory leave and/or personal days tat se/e wises to apply. Benefits During Leave Te Cambridge Public Scools will maintain group ealt insurance during a covered parental leave on te same terms as if an employee ad continued to work. Te amount of ealt insurance premiums (including medical, life, dental and disability insurance) will be deducted troug payroll deduction during te period of leave wic is paid. During a period of unpaid parental leave, te employee must submit to te Benefits Department by te 15 t of eac mont a ceck may payable to te City of Cambridge for te amount of te employee portion of te medical insurance premium. Separate cecks must also be submitted in te amount of te employee s portion of te premium for life, dental and disability insurance, if applicable. If an employee s ealt plan premium is more tan tirty (30) days late, employee coverage may be dropped upon fifteen (15) days advance written notice to te employee tat te payment as not been received and tat coverage will be dropped on a specific date unless payment is received. Employees may coose not to pay teir ealt insurance premium portion, in wic case teir ealt insurance coverage will lapse during teir leave. On return to work, ealt insurance benefits will be fully restored, sould tey wis to continue suc coverage. In te event tat an employee does not return from a covered parental leave for reasons oter tan te continuation or onset of a serious ealt condition, or circumstances beyond te control of te employee, te amount of any ealt insurance premiums paid by te Scool Department will be recovered by deducting suc amount from te amount due to te employee, if any, or by oterwise seeking recovery of te premiums troug legal process. Alternatively, te Scool Department may coose to pay te full premium during a covered unpaid parental leave, in wic case te full amount of te premium will be recovered by payroll deduction following te employee s return to work; or, if te employee does not return, by deducting te premium amounts from amounts due to te employee, if any, or by oterwise seeking recovery of te premium troug te legal process. 7

8 Small Necessities Leave Eligible employees may be permitted to take a total of 24 ours of leave during any calendar year for purposes of attending to certain family appointments, as set fort below. Tese 24 ours are in addition to te 12 weeks allowed under te Federal Family and Medical Leave Act. Leave Entitlement. In order to be eligible for tis leave, an employee must ave been employed by te Cambridge Public Scools at least twelve monts and ave worked at least 1,250 ours in te past twelve monts. Te 24 ours of leave may be taken by an eligible employee for any of te following purposes: to participate in scool activities directly related to te educational advancement of a son or daugter of te employee, suc as parent-teacer conference or interviewing for a new scool; to accompany te son or daugter of te employee to a routine medical or dental appointment, suc as ceck-ups or vaccinations; to accompany an elderly relative of te employee to routine medical or dental appointments or oter professional services related to te elder s care, suc as interviewing at nursing or group omes. Definitions. Te term son or daugter is defined as biological, adopted, or foster cild, a stepcild, a legal ward, or a cild of a person standing in loco parentis. Te son or daugter must eiter be under 18 years of age or 18 years of age or older and incapable of self-care because of mental or pysical disability. Te term elderly relative is defined as an individual at least 60 years of age wo is related by blood or marriage to te employee. Te term scool is defined as a public or private elementary scool; a Head Start program assisted under te Head Start Act; or a cildren s day care facility. Notices: To be entitled to te leave period, employees must provide notice to teir supervisor as follows: if te need for leave is foreseeable, te employee must request te leave not later tan seven (7) days in advance; if te need is not foreseeable, te employee must notify te employer as soon as practicable under te particular circumstances of te individual case. Pay During Leave Suc leave time sall be carged to an employee s accrued sick, vacation, compensatory leave and/or personal days, if any. Were none exists, te time will be unpaid. Adopted: November 21,