Table of Contents. Military Leave Parental Leave... 8

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1 Table of Contents Topic Page Board Policy Guilford County Schools... 2 Short-Term Leave of Absence... 2 Long-Term Leave of Absence... 3 Military Leave... 3 Parental Leave... 8 Medical Leave... 9 Family Medical Leave Educational Leave Leave Available Under the Family and Medical Leave Act Requirements/Considerations for Long-Term Leaves of Absence Annual Vacation Leave Sick Leave Extended Sick Leave with Substitute Deduction Voluntary Shared Leave Personal Leave Worker s Compensation Leave Professional Leave Community Responsibility Jury Duty Court Attendance Elected Officials Parental Involvement in School Leave Absences Appendix A... Leave Earned by Position

2 GUILFORD COUNTY SCHOOLS LEAVES AND ABSENCES This employee guide does not grant any rights beyond those granted by state law and local board policy. Nothing contained herein creates an employment contract or term of employment, nor limits the reasons for the dissolution of the employment relationship. An employee requesting more than ten (10) workdays of leave (with or without pay) for the allowable reasons listed under "Long-Term Leaves of Absence" of this guide must complete a "Request for Leave of Absence" form HUM-F001 with appropriate documentation and supervisor's signature and submit it to the Benefits Office. Please refer to the appropriate section in this guide for specific instructions regarding the type of leave being requested. Board Policy - Guilford County Schools The Guilford County Board of Education supports its employees and will, whenever possible, attempt to grant requests for leaves and absences so long as those requests do not affect adversely the welfare of the students and the continuity of the instructional program. It is the policy of the Guilford County Board of Education that leaves and absences be governed under provisions of the regulations as adopted by the North Carolina State Board of Education, unless specific exceptions are approved by the Guilford County Board. The Superintendent shall be responsible for developing and distributing administrative procedures for implementing the state regulations. Short-Term Leave of Absence A leave of absence for a period of up to ten (10) workdays shall be considered a short-term leave of absence. A short-term leave of absence may be with or without pay. Short-term leave of absence with pay - The appropriate supervisor has authority to approve a leave of absence with pay for a period of up to ten (10) days for appropriate reasons. Paid leave (annual leave, sick leave, and personal leave) shall be used in accordance with state regulations and may be advanced up to the amount that will be earned within the current fiscal year with the approval of the employee s supervisor. Short-term leave of absence without pay - The appropriate supervisor has authority to approve up to five (5) days of leave without pay for appropriate reasons. The appropriate supervisor's superior has authority to approve up to an additional five (5) days of leave without pay for appropriate reasons. A full day's salary reduction shall be made for each day the employee is absent. Multiple short-term leaves of absence without pay shall not be approved for more than ten (10) cumulative workdays per fiscal year. If additional leave is requested, the employee should follow the procedures for requesting long-term leaves of absence. 2

3 Long-Term Leave of Absence A leave of absence for a period exceeding ten (10) workdays shall be considered a long-term leave of absence. A long-term leave of absence may be with or without pay. Guilford County Schools requires the employee to use available paid leave before going on leave without pay. Sick leave, annual leave and personal leave may not be advanced when an employee is requesting a long-term leave of absence. Only leave which is earned until such time as the employee goes off the payroll may be used. Long-term leave of absence with pay - The Benefits Office has authority to approve a leave of absence with pay for a period exceeding ten (10) workdays for the allowable reasons listed below. Paid leave (annual leave, bonus annual leave, sick leave, personal leave, and extended sick leave) shall be used in accordance with state regulations. Long-term leave of absence without pay - The Benefits Office has authority to approve a leave of absence without pay for a period exceeding ten (10) workdays for the allowable reasons listed below. Allowable Reasons: Reasons for which leaves of absence may be requested are: 1. Military leave; 2. Parental leave, for the birth or adoption of a child or placement of a foster child for a period of up to twelve (12) calendar months; 3. Medical leave, for personal illness or temporary disability that prevents an employee from performing his or her usual duties, for a period up to twelve (12) calendar months in excess of sick leave provisions. Medical leave includes employees with work related injuries that are eligible for Worker s Compensation. 4. Family Medical leave, in order to provide care for an immediate family member who is critically ill, for a period up to twelve (12) calendar months; 5. Educational leave, intended to enhance an individuals knowledge, ability, skills, and/or professional growth in a field of education or employment related to the employee s duties and responsibilities in the Guilford County Schools. There are two options for Educational Leave (please see Option I on page 11 and Option II on page 12 of this booklet); 6. Leave available under the Family and Medical Leave Act. Military Leave The granting of military leave to full-time or part-time permanent employees is an obligation of the State to the defense effort of the nation and to the protection of the State itself. Generally, employees may be granted up to fifteen (15) days of leave for military training with pay during the federal fiscal year (October 1 through September 30). All military leaves of absence will be administered in accordance with federal and state laws. 3

4 Required process for requesting Military Leave 1. Employee should complete the "Request for Leave of Absence" form, attach copy of orders, have the Principal/Director/Supervisor sign and date it, and distribute the copies appropriately. 2. The "Request" form must be completed regardless of the length of absence. 3. The "Request" should be submitted to the Benefits Office at least thirty (30) days in advance of the beginning of the requested leave, if possible. 4. The employee will receive a formal letter indicating that the leave has been approved and the appropriate dates. 5. Can use available leave or leave without pay. * Short-Term Military Leave with Pay Leave with pay shall be granted to members of Reserve Components of the U.S. Armed Forces for periods of active duty training. Reserve components of the U.S. Armed Forces are the National Guard, the Army Reserve, the Naval Reserve, the Marine Corps Reserve, the Air Force Reserve and the Coast Guard Reserve. The National Guard serves both as a federal reserve component and as the State Militia. 1. Periods of entitlement for all reserve components: Military leave with pay shall be granted for up to 15 workdays during the federal fiscal year. The federal fiscal year begins October 1 and ends September Physical examination for military service: An employee shall be granted necessary time off when the employee must undergo a Required physical examination relating to membership in a reserve component (included in the 15 days paid leave per federal fiscal year). 3. Scheduled unit assemblies: Regularly scheduled unit assemblies usually occur on weekends and are referred to as drills. If an employee is required to leave on a workday, the employee may be allowed to use military leave with pay or other available paid leave. This military leave with pay is included in the 15 days allowed each federal fiscal year for training. * From: Public Schools of North Carolina Benefits and Employment Policy Manual 4

5 4. Additional periods of entitlement for National Guard only: a. Military leave with pay shall be granted for infrequent special activities in the interest of the State when so authorized by the Governor or his designee. This leave is in addition to the 15 days allowed for military training. b. For active state duty in excess of 30 days, employees shall be entitled to military leave with differential pay between military pay and regular pay if the military pay is less than the employee s regular pay. c. Military leave for active state duty is in addition to military leave which may be granted for other purposes. 5. Periods ineligible for paid military leave: a. Duties resulting from disciplinary actions imposed by military authorities. b. Inactive duty training (drills) performed for the convenience of the members such as equivalent training, split-unit assemblies, make-up drills, etc. Employing agencies are not required to excuse an employee for unscheduled or incidental military activities such as volunteer work at military facilities and unofficial military activities. Orders and Leave Documentation The employee must give advance notice to the employer of absence for military service and apply for reemployment following leave of more than 30 days. The notice and application may be either written or verbal. The school system may request that the employee submit a copy of the orders or other appropriate documentation of required military duty. Resolution of Scheduled Conflicts If a scheduled military leave creates a problem for the school system, supervisors are encouraged to contact the commanding officer at the military unit to which the employee reports and request a schedule accommodation. Retention of Benefits Paid military leave is treated like any other paid leave. The employee shall continue to accumulate leave and receive health insurance for self, etc. Employee Eligibility All permanent, probationary and trainee employees who enter active military service are eligible for military leave for extended active duty. 5

6 Service Schools and Reserve Training All or any portion of an employee s 15 days paid military leave or regular vacation leave may be used in lieu of or in conjunction with unpaid military leave for: 1. Attendance at Service Schools, or 2. Attendance at Active Duty Training in a Reserve Unit Extended Active Duty Leave without pay shall be granted as outlined below for periods of active duty in the armed forces of the United States. An employee may not use paid military leave for extended active duty. 1. Extended active duty is defined as a. Any active military service for a period not to exceed five years plus any period of additional service imposed by law. b. All active military service during declared state or national emergency or during time of war. c. Any mobilization or order to Federal active duty of an employee in the National Guard or one of the other reserve components. 2. Leave before and after active duty: Permanent, trainee, and probationary employees who enter active military service may also use unpaid military leave for the following reasons: a. While awaiting entry into active duty, to allow the employee to settle any personal matters or if the delay is not the employee s fault. This period shall be for up to 30 days and can be extended in exceptional cases. b. Following active military service while employee s reinstatement is pending. The employee must apply for reinstatement within 90 days following release from active duty of more than 180 days, or within 14 days following active duty of 30 to 180 days. c. Involuntary extensions: Unpaid military leave shall be granted for any involuntary extension of military service. The employee may be required to present evidence that the extension was involuntary. d. Hospitalization: Unpaid military leave shall be permitted for extensions of enlistment due to hospitalization for service-connected disability certified by the attending physician. In addition, the employee is entitled to leave without pay from the time of release by the physician until actually reinstated, provided the employee applies for reinstatement within the time limits described above. 6

7 3. Employee responsibility: The employee or an appropriate officer shall give advance notice of the military service to the superintendent of the school system. The employee is responsible for making application for reinstatement within the appropriate time limit. 4. Employer responsibility: It is the responsibility of the employer to ascertain that the employee is eligible for unpaid military leave. The superintendent or designee shall explain to the employee the rights and benefits concerning leave, salary increases, medical insurance options, retirement status, and reinstatement from military leave. 5. Retention and continuation of benefits: An employee going on extended active duty may choose to have accumulated vacation leave paid in a lump sum, exhaust available leave, or retain all or part of the accumulated leave until he or she returns to work. The maximum accumulation of 30 days or 240 hours applies to a lump-sum payment. The employee retains all accumulated sick leave and continues to earn state service credit and time toward salary increases. An employee will receive full retirement membership service credit for all active duty service in the armed forces if he or she is honorably discharged. Enlistment up to five years is creditable. The employee should contact the Retirement System for instructions. 6. Reinstatement from leave without pay for military service: Employees on leave without pay honorably discharged from military service who apply for reinstatement within the appropriate time limit must be reemployed in a position equivalent in status, seniority, and pay and as if employment had not been interrupted. If an employee is disabled during military service to the extent that he or she cannot perform the duties of the original position, the employee shall be reinstated to a position with duties compatible with the disability. In no case will the reinstated employee s salary be less than his or her salary prior to military leave. Employees who resign without knowledge of their eligibility for military leave and reinstatement of benefits, but who are otherwise eligible for the reinstatement under military leave provisions, shall be reinstated from military service just as if they had applied for and been granted leave for active military duty. 7. Tenure, ILT and Licensure: The status of licensed employees on active military duty will be treated as hold harmless. 7

8 Parental Leave All full-time permanent or part-time permanent employees may take a parental leave of absence for up to twelve (12) calendar months to care for a newborn child, a newly adopted child, or a child placed in foster care. The employee is required to work until delivery unless the physician verifies a medical need to begin the leave of absence earlier. The employee is required to use appropriate earned leave (i.e. annual vacation leave, bonus annual leave, sick leave, extended sick leave, and personal leave). The use of sick leave and extended sick leave by the mother is generally limited to the first six (6) weeks after normal delivery and to the first eight (8) weeks after a Cesarean Section. The use of sick leave by the father is generally limited to the first three (3) weeks after delivery. Use of paid leave will not extend the 12-month period of parental leave to which the employee is entitled. However, the Board of Education may determine when the leave will begin or end, based on a consideration of the welfare of the students and the need for continuity of service. Tenured employees approved for a parental leave retain tenured status upon return from the authorized leave. Probationary teachers must begin a new probationary period if a leave of absence, paid or unpaid, prevents the probationary teacher from completing four (4) consecutive years of 120 workdays in each year in the same school system. Unless, the probationary teacher in a full-time, permanent position did not work for at least 120 workdays in a 220 day school year because the teacher was on sick leave, disability leave or both, that school year shall not be deemed to constitute: (a) A consecutive year of service for the teacher, or (b) A break in the continuity in consecutive years of service for the teacher. Benefits under the Family and Medical Leave Act are available to eligible employees requesting Parental Leave. Required Process for requesting Parental Leave 1. Employee should complete the "Request for Leave of Absence" form including medical doctor's statement indicating the diagnosis and the beginning and ending dates of the leave (including the due date and type of delivery expected). The Principal/Director/Supervisor must sign and date the form, and copies should be distributed appropriately. 2. The "Request" should be submitted to the Benefits Office at least thirty (30) days in advance of the beginning of the requested leave. 3. Upon receipt of the "Request," the Benefits Office will prepare the appropriate forms and letters. If the employee has accumulated paid leave to cover his or her entire absence then a letter will be prepared documenting the types and amounts of leave used during the leave of absence. If the employee does not have enough paid leave to cover the entire leave of absence and must go on a leave without pay, the Benefits Office will contact the employee to schedule an appointment to review all of the forms and paperwork with the leave and have the employee complete and sign appropriately. (If the employee desires to cancel any insurance coverage or make any allowable change in his or her coverage, he or she will be asked to complete the appropriate forms while at the Benefits Office) 8

9 4. If insurance benefits are canceled or terminated while on a leave of absence, it is the employee s responsibility to come to the Benefits Office to re-enroll as soon as she/he returns to work. Medical Leave All full-time permanent or part-time permanent employees may take a medical leave of absence for up to twelve (12) calendar months in excess of sick leave provisions for personal illness or temporary disability that prevents an employee from performing his or her usual duties. The employee is required to use appropriate earned leave (i.e. annual vacation leave, bonus annual leave, sick leave, extended sick leave, and personal leave). However, the Board of Education may determine when the leave will begin or end, based on a consideration of the welfare of the students and the need for continuity of service. Medical leave includes employees with work related injuries that are eligible for Workers Compensation. If an employee is out of work more than ten (10) consecutive workdays due to work related injuries, he or she must complete a Request for Leave of Absence form and submit it to his supervisor to be signed and forwarded to the Benefits Office. Submitting the request for leave of absence to the Benefits Office as soon as possible is essential to prevent unauthorized overuse of paid leave and erroneous overpayment of salary. (See Workers Compensation section on page 35 for additional information) Tenured employees approved for a medical leave retain tenured status upon return from the authorized leave. Probationary teachers must begin a new probationary period if a leave of absence, paid or unpaid, prevents the probationary teacher from completing four (4) consecutive years of 120 workdays in each year in the same school system. Unless, the probationary teacher in the full-time, permanent position did not work for at least 120 workdays in a 220 day school year because the teacher was on sick leave, disability leave or both, that school year shall not be deemed to constitute: (a) A consecutive year of service for the teacher, or (b) A break in the continuity in consecutive years of service for the teacher. Benefits under the Family and Medical Leave Act are available to eligible employees requesting Medical Leave. Required Process for requesting Medical Leave 1. Employee should complete the "Request for Leave of Absence" form including medical doctor's statement indicating the diagnosis and the beginning and ending dates of the leave. The Principal/Director/Supervisor must sign and date it, and copies should be distributed appropriately. 2. The "Request" should be submitted to the Benefits Office at least thirty (30) days in advance of the beginning of the requested leave if the need is foreseeable. In emergency situations, the appropriate forms and documentation shall be submitted as soon as is reasonably possible. 9

10 3. Upon receipt of the "Request," the Benefits Office will prepare the appropriate forms and letters. If the employee has accumulated paid leave to cover his or her entire absence then a letter will be prepared documenting the types and amounts of leave used during the leave of absence. If the employee does not have enough paid leave to cover the entire leave of absence and must go on a leave without pay, the Benefits Office will contact the employee to schedule an appointment to review all forms and paperwork associated with the leave and have the employee complete and sign appropriately. (If the employee desires to cancel any insurance coverage or make any allowable change in his or her coverage, he or she will be asked to complete the appropriate forms while at the Benefits Office) 4. If insurance benefits are canceled or terminated while on a leave of absence, it is the employee s responsibility to come to the Benefits Office to re-enroll as soon as she/he returns to work. Family Medical Leave All full-time permanent or part-time permanent employees may take a family medical leave of absence for up to twelve (12) calendar months to care for the employee's immediate family member with a serious health condition. The employee is required to use appropriate earned leave during the time of the leave (i.e. sick leave, annual vacation leave, bonus annual leave, and personal leave). However, the Board of Education may also determine when the leave will begin or end, based on a consideration of the welfare of the students and the need for continuity of service. Immediate family consists of: spouse, children, parents, brothers, sisters, grandparents, grandchildren, step, half, in-law relationships and dependents living in the employee s household. Tenured employees approved for a leave of absence retain tenured status upon return from the authorized leave. Probationary teachers must begin a new probationary period if a leave of absence, paid or unpaid, prevents the probationary teacher from completing four (4) consecutive years of 120 workdays in each year in the same school system. Unless, the probationary teacher in a full-time, permanent position did not work for at least 120 workdays in a 220 day school year because the teacher was on sick leave, disability leave or both, that school year shall no be deemed constitute: (a) A consecutive year of service for the teacher, or (b) A break in the continuity in consecutive years of service for the teacher. Benefits under the Family and Medical Leave Act are available to eligible employees requesting Family Medical Leave. 10

11 Required Process for requesting Family Medical Leave 1. Employee should complete the "Request for Leave of Absence" form including medical doctor's statement indicating the diagnosis and the beginning and ending dates of the leave. The Principal/Director/Supervisor must sign and date it, and copies should be distributed appropriately. 2. The "Request" should be submitted to the Benefits Office at least thirty (30) days in advance of the beginning of the requested leave if the need is foreseeable. In emergency situations, the appropriate forms and documentation shall be submitted as soon as is reasonably possible. 3. Upon receipt of the "Request," the Benefits Office will prepare the appropriate forms and letters. If the employee has accumulated paid leave to cover his or her entire absence then a letter will be prepared documenting the types and amounts of leave used during the leave of absence. If the employee does not have enough paid leave to cover the entire leave of absence and must go on a leave without pay, the Benefits Office will contact the employee to schedule an appointment to review all of the forms and paperwork with the leave and have the employee complete and sign appropriately. (If the employee desires to cancel any insurance coverage or make any allowable change in his or her coverage, he or she will be asked to complete the appropriate forms while at the Benefits Office.) 4. If insurance benefits are canceled or terminated while on a leave of absence, it is the employee s responsibility to come to the Benefits Office to re-enroll as soon as she/he returns to work. Educational Leave All full-time permanent or part-time permanent employees are eligible for educational leave. Employees who are enrolled as students at an accredited community college, technical school, college or university should make every effort to schedule their classes in so far as possible after their regular duty hours. Educational leave is intended to enhance an individual's knowledge, ability, skills, and/or professional growth in a field of education or employment related to the employee's duties or responsibilities in the Guilford County Schools. Option I: If the employee has exhausted all measures and must schedule a class before the end of the workday the following options are available: 1. In lieu of taking any professional days a total of eighty (80) hours of release time may be taken for educational purposes. The employee should make a written request, including the class schedule, to his/her supervisor. 2. If the employee must be absent for more than one hour any given day and a substitute is required, then the cost of a one-half day substitute will be deducted from the employee's wages. 11

12 3. Twelve-month employees enrolled in full-time summer school may use vacation time to account for the day(s) absent. 4. Employees enrolled in internships will: Option II: a. be governed by the number of hours to be served in the internship by the sponsoring college or university. b. secure a leave of absence if the internship cannot be accommodated during the school year in terms of before, during, or after school hours. c. Contact the Director of Recruiting for placement. An eligible employee enrolled in a full-time program, as defined by an accredited community college, technical school, college or university, may take a leave of absence without pay for up to twelve (12) calendar months. Educational leave is intended to enhance an individual's knowledge, ability, skills, and/or professional growth in a field of education or employment related to the employee's duties or responsibilities in the Guilford County Schools. Required process for requesting an Educational Leave Without Pay 1. Employee should complete the "Request for Leave of Absence" form and attach appropriate documentation verifying the employee's enrollment full-time at an accredited community college, technical school, college or university, and containing a description of the academic program, the specific academic work to be undertaken during the leave of absence, and the reason(s) why a leave of absence is necessary. The Principal/Director must sign and date it, and copies should be distributed appropriately. 2. The "Request" should be submitted to the Benefits Office at least sixty (60) days in advance of the beginning of the requested leave. Failure to do so could result in denial of leave. 3. Upon receipt of the "Request," the Benefits Office will prepare the appropriate forms and letters and will contact the employee to schedule an appointment to review all of the forms and paperwork with the leave and have the employee complete and sign appropriately. (If the employee desires to cancel any insurance coverage, he or she will be asked to complete the appropriate forms while at the Benefits Office) 4. If insurance benefits are canceled or terminated while on a leave of absence, it is the employee s responsibility to come to the Benefits Office to re-enroll as soon as she/he returns to work. 5. Tenured employees approved for a leave of absence retain tenured status upon return from the authorized leave. Probationary teachers must begin a new probationary period (start over at year 1) if an educational leave prevents the probationary teacher from completing four (4) consecutive years of 120 workdays each (actually worked). 12

13 Leave Available Under the Family and Medical Leave Act All eligible employees will be provided with leave as required in the federal Family and Medical Leave Act of 1993 (FMLA) and applicable State laws and State Board of Education policies. 1. Eligible Employees An employee is eligible for FMLA leave if both of the following conditions are met: a. the employee has worked for the Guilford County Schools for at least twelve (12) months, which need not be consecutive; and b. the employee has worked at least 1,250 hours for the Guilford County Schools during the twelve (12) month period immediately preceding the beginning of the FMLA leave. 2. Entitlement to FMLA Leave Eligible employees may take FMLA leave for up to twelve (12) weeks during each twelve (12) - month FMLA leave year, for the following reasons: a. the birth of a child of the employee and in order to care for the child; b. the placement of a child with the employee for adoption or foster care; c. taking care of the employee's spouse, child, or parent who has a serious health condition; or d. a serious health condition of the employee that makes the employee unable to perform the functions of the employee's position. The FMLA leave year shall be a rolling twelve (12) - month period measured forward from the date the employee first takes FMLA leave after completion of any previous FMLA leave year. A "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves in-patient care or continuing treatment by a health care provider. If both a husband and a wife are employed by the Guilford County Schools, their combined amount of FMLA leave for the birth of a child, the placement of a child for adoption or foster care or the care of the employee s parent with a serious health condition is twelve (12) weeks. 3. Structure of FMLA Leave a. Types of Leave. Depending on the circumstances, FMLA leave may be (a) continuous, (b) intermittent, or (c) reduced. Continuous leave is leave for a continuous period of time without interruption. Intermittent leave is leave taken in separate blocks of time. Reduced leave is a leave schedule that reduces the employee's usual number of hours per work week or hours per workday. 13

14 b. All Employees. When leave is taken for the birth of a child, adoption of a child or placement of a foster child, an employee may take leave only for a continuous period of time unless Human Resources agrees to another arrangement. The employer s agreement is not required, however, for intermittent leave during which the mother has a serious health condition in connection with the birth of her child or if the newborn child has a serious health condition. For a situation involving a serious health condition of the employee or a family member, the employee may take leave continuously or on an intermittent or reduced leave schedule as is medically necessary. Employees needing intermittent leave or leave on a reduced leave schedule must attempt to schedule their leave so as to minimize disruptions to school system operations. In addition, to better accommodate an employee's need for intermittent or reduced leave, the school system may transfer the employee to an alternative position during the period of leave. The alternative position must have equal pay and benefits but need not have equivalent duties. c. Instructional Employees. Special rules may apply to FMLA leave by instructional employees to minimize adverse instructional impact. 1. Intermittent or Reduced Leave. (a) (b) If an eligible instructional employee needs intermittent leave or leave on a reduced schedule and the employee would be on leave for more than 20 percent of the total number of workdays over the period the leave would extend, the employer may require the employee to choose one of the following options: Take leave for a period or periods of a particular duration, not greater than the duration of the planned treatment, or Transfer temporarily to an available alternative position for which the employee is qualified, which has equivalent pay and benefits, and which better accommodates recurring periods of leave than does the employee s regular position. If an instructional employee does not give required notice of foreseeable FMLA leave to be taken intermittently or on a reduced-leave schedule, the employer may require the employee to take leave of a particular duration, or to transfer temporarily to an alternative position. Alternatively, the employer may require the employee to delay the taking of leave until the notice provision is met. 2. Leave Near the End of Semester. Instructional personnel may be required to continue FMLA leave through the end of a semester or academic term if any of the following conditions exist: 14

15 (a) (b) (c) (d) The leave begins more than five (5) weeks before the end of the term; the leave will last at least three (3) weeks; and the employee would be returning to work during the last three weeks of the academic term; or The leave is for a purpose other than the employee's own serious health condition; the leave begins in the last five (5) weeks of the term; the leave will last at least two (2) weeks; and the employee would be returning to work during the last two (2) weeks of the academic term; or The leave is for a purpose other than the employee's own serious health condition; the leave begins in the last three (3) weeks of the term; and the leave would last at least five (5) days. Academic Term. 4. Substitution of Paid Leave For purposes of these provisions academic term means the school semester, which typically ends near the end of the calendar year or near the beginning of summer. In no case may a school have more than two academic terms or semesters each year for the purposes of FMLA. Generally, FMLA leave is unpaid. However, either the employee or the school system may choose to substitute accrued paid leave for unpaid FMLA leave under the following circumstances. As a rule the school system requires that employees use all eligible paid leave prior to going on unpaid leave. Accrued annual vacation leave or personal leave may be substituted for any FMLA leave. Accrued sick leave may be substituted for FMLA leave needed to care for a family member or the employee's own serious health condition. For instructional personnel, extended sick leave may be substituted for FMLA leave needed for the employee's own serious health condition. Leave taken by an employee pursuant to a disability benefit plan, including workers' compensation and short-term disability, may run concurrently and be counted towards the employee's twelve (12) week FMLA leave entitlement, where the injury or illness meets a criteria for a serious health condition. If paid leave is substituted for unpaid FMLA leave, the paid leave will be counted towards the employee's twelve (12) week FMLA leave entitlement, if the school system designates the paid leave as FMLA-eligible leave. 5. Designation of FMLA Leave It is the responsibility of the school system to designate whether an employee's leave is to be considered FMLA leave. This includes any designation of periods during which an employee receives paid leave or workers' compensation benefits or disability income benefits. In the absence of a designation by the school system that an employee's leave 15

16 is to be considered FMLA leave, upon the expiration of the leave the employee retains his or her entitlement to twelve (12) weeks unpaid FMLA leave, if all eligibility conditions are satisfied. It is the responsibility of the Benefits Department to ask any questions necessary of the employee in order to make a determination of whether the leave is FMLA-eligible. If it appears that leave might be for FMLA purposes but medical certification is required to confirm that fact, the Benefits Department can preliminarily designate the leave as FMLA leave while awaiting medical certification. The Benefits Department should designate leave as FMLA promptly (as soon as possible) upon acquiring information that leave is being taken for an FMLA reason. The employers notice to the employee designating FMLA leave may be oral or written and should *be given within two business days. If the employee is notified orally of the designation of FMLA leave, notice shall be confirmed in writing no later than the following pay day. Leave cannot be designated as FMLA leave after the employee has returned to work from the leave, unless (1) the Benefits Department has preliminarily designated the leave as FMLA leave while awaiting medical certification; or (2) the school system did not learn that employee was absent for an FMLA reason until after the employee's return. 6. Notice by Employee An employee must provide at least thirty (30) days notice if the employee can anticipate the need for FMLA leave. If this is not possible, the notice shall be given as early as is practical. If the employee does not provide thirty (30) days notice, and there is no reasonable justification for the delay, the school system can deny the taking of FMLA leave until at least thirty (30) days after the employee provides notice of the need for FMLA leave. If an instructional employee fails to give required notice for foreseeable leave for an intermittent or reduced leave schedule, the employee may be required to take leave continuously for the duration of the treatment or be temporarily transferred to an alternative position for which the employee is qualified and has the same benefits. An employee requesting intermittent or reduced leave time for medical treatment of a serious health condition may be required to give the reasons for the intermittent or reduced leave schedule and the schedule for treatment. Normally, employees also would be expected to discuss scheduling with their immediate supervisor prior to scheduling any medical treatment in order to accommodate the work schedule. The school system may require an employee to periodically report on his status and intent to return to work. Any employee who is taking leave through the end of an academic semester shall be required to report on his or her intent to return to work no later than four (4) weeks before the end of the academic semester. In addition, the employee may be required to report on a regular basis during the period in which he is on FMLA leave. * Note: The Supreme Court ruled that an employee is not entitled to additional leave if the employer failed to designate and notify a leave as FMLA leave within two business days. Ragsdale v. Wolverine World Wide, 122s.Ct (2002) 16

17 7. Medical Certification The school system may require employees to provide medical certification to confirm the employee's or the employee's family members' serious health condition. The information requested shall be no more than that allowed by the FMLA and the Americans With Disabilities Act. Under certain circumstances, the Benefits Department may request a second or third certification if there is reason to doubt the validity of the medical certification. Before returning to work from FMLA leave for a serious health condition, the employee may be required to present a "fitness-for-duty" certificate which states that the employee is able to return to work. An employer may not require a fitness-for-duty certificate when the employee takes intermittent leave. Questioning the Adequacy of a Medical Certification A health provider representing the employer may contact the employee s health care provider, with the employee s permission, for purposes of clarification and authenticity of the medical certification. The employer may not contact the employee s health care provider directly unless the employee is receiving workers compensation benefits concurrently while on FMLA leave. An employer who has reason to doubt the validity of a medical certificate may require the employee to obtain a second opinion at the employer s expense. The employer is permitted to designate the health care provider to furnish the second opinion, but the selected health care provider may not be employed on a regular basis by the employer. If the opinion of the employee s and the employer s designated health care providers differ, the employer may require the employee to obtain certification from a third health care provider, again at the employer s expense. This third opinion shall be final and binding. The third health care provider must be approved jointly by the employer and employee. If the employer requires the employee to obtain either a second or third opinion, the employer must reimburse the employee or family member for any reasonable, unreimbursed travel expense. 8. Restoration to Equivalent Position Employees shall be restored to the same or an equivalent position upon return from FMLA leave. An equivalent position must have virtually identical pay, benefits, and working conditions, including privileges, prerequisites and status, as the position held prior to the leave. The position also must involve substantially similar duties and responsibilities, which must entail equivalent skill, effort, responsibility, and authority. All positions within the same job classification are considered to be "equivalent positions" for the purposes of this policy. For licensed employees, all positions with the same salary and licensure requirements also will be considered equivalent positions. The employee's right to return to the same or an equivalent position is contingent upon the employee's continued ability to perform all the essential functions of the job. 17

18 Under certain circumstances, the school system may deny restoration to a "key" employee. A key employee is one who is among the highest paid ten percent (10%) of all employees. If restoring a key employee would result in substantial and grievous economic injury to the school system, then there is no obligation to restore the key employee to the same or an equivalent position. Employees shall be informed at the time leave is taken if they are considered key employees and shall be informed once a determination is made that the employee will not be restored to the same or an equivalent position. A key employee who has been informed that he will not be restored still has rights to health benefits for the full period in which he is eligible for FMLA leave. 9. Continuation of Health Benefits Health benefits shall be continued for the duration of FMLA leave. This includes key employees who have been notified that they will not be restored to an equivalent position. The health care benefits shall be the same as if the employee were continuing to work. Employees do not have the right to accrue earned benefits during the leave. If an employee takes intermittent or reduced leave, the employee has the right to maintain the same health care benefits, but earned benefits may be reduced in proportion to hours worked where such a reduction is normally based upon hours worked. Health insurance premiums paid while an employee is on FMLA leave may be recovered from the employee if the employee does not return to work after the leave is over, so long as the reason for not returning does not relate to a serious health condition or to circumstances beyond the employee's control. 10. Posting Requirement The Superintendent or his designee shall ensure that notices of FMLA provisions and information on procedures for filing complaints are posted in places readily accessible to employees and applicants. 11. Record-Keeping Requirement The Benefits Department will be responsible for maintaining records of the following information for at least three (3) years: basic payroll and identifying employee data; dates (or hours) of FMLA leave taken by each employee; copies of employee notices, including general and specific notices, as well as any other documents describing employee benefits or policies; premium payments of employee benefits; and records of disputes between the school system and any employee regarding designation of FMLA leave. Medical information, such as that relating to medical certifications, is confidential and must be maintained in separate files or records. 18

19 12. No Interference or Retaliation The school system strictly prohibits any interference with, restraint, or denial of any employee's exercise of any right provided by the FMLA, or any type of discrimination or retaliation against an employee who has filed a complaint in regard to the FMLA. Requirements/Considerations for Long-Term Leaves of Absence: When long-term leaves of absence are requested, the following requirements and considerations will apply: 1. Long-term leaves of absence are discretionary, except as may be required by the Family and Medical Leave Act or other applicable law. 2. In considering requests for long-term leaves of absence, the best interests of the instructional program and the needs of the school system will be considered as paramount. 3. Decisions regarding long-term leaves of absence will be based on the individual facts and circumstances of each request. A decision on one employee's request will not establish precedent binding on any other employee's request. 4. The employee and appropriate supervisor shall collaborate in recommending the specific details of a request for long-term leave of absence to the Benefits Department. 5. An employee shall provide his or her appropriate supervisor a copy of the request for long-term leave of absence, no later than the date on which the request is submitted to the Benefits Department. The principal is the appropriate supervisor for all school-based personnel. 6. The supervisor shall notify the Benefits Department of his or her objections or of any potential substantial adverse impact arising from the requested long-term leave of absence. 7. The appropriate forms, including any required documentation, shall be submitted at least thirty (30) calendar days in advance of the beginning of the requested leave, and at least sixty (60) calendar days in advance in the case of requested educational leave, unless it is an emergency situation. 8. In emergency situations, the appropriate forms and documentation shall be submitted as soon as is reasonably possible. 9. Requests for leave involving illness or disability, whether of the employee or a family member, must be accompanied with appropriate medical certification. Before returning to work from a medical leave of absence, the employee is required to present a new health certificate or "fitness for duty" certificate from the employee s health care provider. 19

20 10. A request for educational leave (Option II, page 12) must be accompanied with appropriate documentation verifying the employee's enrollment full-time at an accredited community college, technical school, college or university, and containing a description of the academic program, the specific academic work to be undertaken during the leave of absence, and the reason(s) why a leave of absence is necessary. Educational leave is intended to enhance an employee's knowledge, ability, skills and/or professional growth in a field of education or employment related to the employee's duties or responsibilities in the Guilford County Schools. At the end of the leave of absence, the employee may be asked for the appropriate documentation verifying the successful completion of the work undertaken. 11. The Benefits Department may request additional information or documentation from an employee who requests or is on a long-term leave of absence. 12. A requested long-term leave of absence without pay (including any requested extensions) shall not exceed twelve (12) calendar months except xin the case of extended short-term disability and as allowed by number 13 below. 13. When the period of time that an employee is on leave of absence without pay exceeds thirty (30) working days, the Benefits Department may determine the date when the employee is to be reinstated, based on a consideration of the welfare of the students and the need for continuity of instruction. Consideration of these factors may result in a determination by the Benefits Department that the leave should extend beyond the requested time period, up to but not exceeding the remainder of the school year in which the leave would otherwise end. 14. Once the beginning and ending dates of the leave have been determined, they cannot be changed except by mutual agreement of the employee, the supervisor, and the Benefits Department. 15. Any request for a change in the dates established for a leave, or an extension to an approved leave, shall be submitted at least ten (10) calendar days in advance, unless it is an emergency situation. Licensed instructional personnel resigning his/her position shall submit the resignation form at least thirty (30) calendar days in advance. Classified personnel resigning his/her position shall submit the resignation form at least fourteen (14) calendar days in advance. 16. The Benefits Department shall incorporate the specifics of the leave into a written statement, which shall be provided to the employee. Until the employee receives such written statement, no request for a long-term leave of absence shall be deemed granted, and an employee shall not have any right or justifiable expectation to the requested leave. 17. As a general rule, employees on a long-term leave of absence shall not be employed or provide services on behalf of any other employer or organization, whether paid or unpaid, during times in which the employee normally would be 20