• 409.3

     

    Code No.  409.3

    LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE

    Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as July 1 - June 30 to a rolling 12-month period measured backward from the date of any FMLA leave usage. Requests for family and medical leave will be made to the superintendent. 

    Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.  Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.  It is the responsibility of the superintendent to develop administrative rules to implement this policy.

    Links:

    https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

    WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)

    WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)

    WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)

    WH-382 Designation Notice (PDF)

    WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)

    WH-385 Certification for Serious Injury or Illness of Covered Servicemember -- for Military Family Leave (PDF)

    Legal Reference:          Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).

                                        26 U.S.C. §§ 2601 et seq. (2006)

                                        29 C.F.R. Pt. 825 (2006).

                                        Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2009).

                                        1980 Op. Att'y Gen. 605.

                                        1972 Op. Att'y Gen. 177, 353.

                                        1952 Op. Att'y Gen. 91.

    Cross Reference:          409.2    Licensed Employee Personal Illness Leave

                                        409.8    Licensed Employee Unpaid Leave

                                        414.3    Classified Employee Family and Medical Leave

    Approved     4/18/2009                           

    Reviewed     3/25/2009

    Revised        4/18/2009, 7/15/2010, 02/19/2014, 8/20/2020