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CABE-RECOMMENDED POLICY UPDATE
4152.6P
Series 4000
PERSONNEL
FAMILY MEDICAL LEAVE ACT POLICY
The Board will provide leave to eligible employees consistent with the Family and Medical Leave
Act of 1993 (FMLA) as amended and the Family Medical Leave Act as part of the National
Defense Authorization Acts of 2008 and for Fiscal Year 2010 (which expanded certain leave to
military families and veterans for specific circumstances) and 2013 Final Rules. Eligible
employees (employment for at least one-year and at least 1,250 hours actually worked in the
twelve-month period immediately preceding the commencement of the leave) are entitled to
up to 12 work weeks of unpaid family and medical leave in any 12-month period. The District
will continue to pay the district's share of the employee's health benefits during the leave. In
addition, the District will restore the employee to the same or an equivalent position with
equivalent benefits, pay and other conditions of employment after the termination of the leave
in accordance with Board policy and collective bargaining agreements.
Paraprofessionals are also eligible to benefits equal to those under the federal FMLA if such
paraprofessional was employed for at least one year and for at least 950 hours over the
previous twelve-month period preceding the commencement of the leave. A paraprofessional is
defined as a school employee who performs duties that are instructional in nature or delivers
either direct or indirect services to students and/or parents and serves in a position for which a
teacher has ultimate responsibility for the design and implementation of educational programs
and services.
Eligible employees are entitled to take unpaid leave for a covered family member’s service in
the Armed Forces, for any one or for a combination of the following reasons:
● A “qualifying exigency” as defined by Department of Labor regulations arising out of a
covered family member’s covered active duty or Federal call to covered active duty
(including as a member of the National Guard or Reserves) in the Armed Forces
including deployment to a foreign country or to international waters;
● To care for a covered family member who has incurred a serious injury or illness in the
line of duty while on covered active duty in the Armed Forces (includes National Guard
and Reserves) provided that such duty or illness may render the family member
medically unfit to perform duties of the member’s office, grade, rank or rating: and/or
● To care for a covered family member who is a veteran who is undergoing medical
treatment, recuperation or therapy for a service related illness or injury that was
incurred or aggravated while on active duty and manifested itself before or after the
member became a veteran, within five years after a veteran leaves service.
FAMILY MEDICAL LEAVE ACT POLICY Page 1 of 10
● To care for a parent of a military member called to active duty provided the military
member is the spouse, (including same-sex marriages*), parent or child of the
employee.
When leave is due to a “qualifying exigency” of a service member, an eligible employee may
take up to 12 work weeks of leave during any 12-month period. When such leave is to care for
an injured or ill service member, an eligible employee may take up to 26 work weeks of leave
during a single 12-month period to care for the service member. Leave to care for an injured or
ill service member, when combined with other FMLA-qualifying leave, may not exceed 26 weeks
in a single 12-month period. Employees will not be deprived of any employment benefits
accrued before taking FMLA leave.
The District will maintain health insurance benefits at the same basis as is provided to other
similarly situated employees. Conversely, employees on FMLA leave are not entitled to accrue
any seniority or benefits during the leave unless determined otherwise due to a collective
bargaining agreement. When an employee returns from FMLA leave, benefits will be resumed
in the same manner as provided prior to taking the leave, subject to any changes in benefit
levels that may have occurred during the FMLA leave period and which affect the entire
workforce. Leave available for eligible employees under FMLA is not intended to supplement
leave otherwise provided to such employees. The District may require the eligible employee
substitute any accrued vacation or sick leave for any part of the twelve-week period that may be
taken for the serious health condition of a spouse, child or parent, or for the employee’s own
serious health condition.
In complying with the FMLA, the District will adhere to the requirements of the Americans with
Disabilities Act as well as other applicable federal and state laws.
The Board, in compliance with state statute, shall provide to its employees who are a party to a
civil union with the same family and medical leave benefits under the federal Family Medical
Leave Act (FMLA) as are provided to employees who are party to a marriage. The term
“marriage” includes a same-sex marriage which all states must now recognize, or common law
marriages that either was entered into in Connecticut or another state that recognizes such
marriages or if entered into out of Connecticut is valid in the place where entered into and
could have been entered into in at least one state. In addition, the Board shall allow its
employees leave time under this policy to serve as organ or bone marrow donors.
The District, in compliance with FMLA’s regulations, will post and keep posted on its premises, in
conspicuous places where employees are employed, a notice explaining the provisions of the
FMLA and providing information concerning the procedures for filing complaints of violations of
the Act. Electronic posting may be utilized.
(cf. 4118.14 - Disabilities)
(cf. 4151.2 - Family Illness)
(cf. 4152.3 - Maternity; Adoptive; Child Care)
FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state
or local law or collective bargaining agreement which provides greater family or medical leave
FAMILY MEDICAL LEAVE ACT POLICY Page 2 of 10
rights.
Legal Reference: P.L. 103-3 and 29 CFR Part 825 - The Family and Medical Leave Act of
1993, as amended by H.R. 4986, the National Defense Authorization Act
for Fiscal Year 2008, Section 585. 29 U.S.C. §2601 et seq. and the
National Defense Authorization act for Fiscal Year 2010, Public Law
111-84, section 565, Title V
Final Rule - published in Federal Register, Vol. 60, Nov. 4, Friday, January
6, 1995, as amended on February 3, 1995, March 30, 1995, and on
November 17, 2008. Rules and Regulations (29 CFR Part 825).
Final Rule – published in Federal Register, Vol. 78, Wed. February 6, 2013
Final Rule – published in Federal Register, Vol. 80, No. 37 Wednesday,
February 25, 2015
Connecticut General Statutes
46b-38oo Applicability of statutes to civil unions and parties to a civil
union.
PA 07-245 An Act Concerning Family and Medical Leave for Municipal
Employees.
PA 07-245 An Act Concerning Family and Medical Leave for Municipal
Employees
PA 12-43 An Act Concerning Family and Medical Leave Benefits for
Certain Municipal Employees
United States v. Windsor, U.S. 133 S. Ct. 2675 (2013)
Obergefell v. Hodges, No. 14-556, 135 S. Ct. 2584 (2015)
PURPOSE
The purpose of this policy is to establish guidelines for leaves taken by employees of the Board
under the Federal Family and Medical Leave Act of 1993 (“FMLA”).
ELIGIBILITY
FAMILY MEDICAL LEAVE ACT POLICY Page 3 of 10
Employees who have worked for the Board for at least twelve (12) months, and who have
worked at least 1,250 actual work hours, or, in the case of school paraprofessionals in an
educational setting, who have worked at least 950 actual hours of work, during the twelve (12)
months immediately preceding the start of a leave, are eligible for unpaid leave under the
FMLA.
REASONS FOR LEAVE
Leaves under the FMLA may be taken for the following reasons:
incapacity due to pregnancy, prenatal medical care or child birth; or
to care for the employee's newborn child; or
the placement of a child with the employee by adoption or for foster care; or
to care for the employee's spouse, child or parent who has a serious health
condition; or
to care for the employee's own serious health condition that renders the
employee unable to perform the functions of his or her position; or
to care for an injured or ill service member (see below – Length of Leave – for
further information); or
a qualifying exigency arising out of a family member’s military service, including
one or more of the following reasons (note – more detailed information on the
following categories is available from the Human Resources Coordinator:
short notice deployment;
military events and related activities;
childcare and school activities;
financial and legal arrangements;
counseling;
rest and recuperation;
post-deployment activities;
parental care leave for military member’s parent who is incapable of
self-care and care is necessitated by the member’s covered active duty;
additional activities that arise out of the active duty or call to active duty
status of a covered military member, provided that the Board and the
FAMILY MEDICAL LEAVE ACT POLICY Page 4 of 10
employee agree that such leave qualifies as an exigency, and agree to
both the timing and the duration of such leave.
LENGTH OF LEAVE
(a) Basic FMLA Leave Entitlement
If a leave is requested for one of the above-listed reasons, each eligible employee may take up
to a total of twelve (12) weeks unpaid family or medical leave in any 12-month entitlement
period.
The 12-month entitlement period for family or medical leave is measured on the basis of a
"rolling" 12-month period measured backward from the date an employee uses any FMLA
leave.
(b) Leave to care for an Injured or Ill Service member
In addition to the reasons for leave listed above, an eligible employee may take up to twenty-six
(26) workweeks of FMLA leave during a 12-month period to care for (i) an injured or ill service
member who is the employee’s spouse, parent, child or next of kin, and who incurred the injury
or illness in the line of duty and while on active duty in the Armed Forces or had a preexisting
injury or illness prior to beginning active duty that was aggravated by service in the line of duty
on active duty in the Armed Forces; or, (ii) an injured or ill covered veteran who is the
employee’s spouse, parent, child or next of kin.
For service members, the injury or illness must render the service member medically unable to
perform the duties of his/her office, grade, rank or rating. This provision applies to service
members who are undergoing medical treatment, recuperation, or therapy, are in outpatient
status, or who are on the temporary disability retired list, for a serious injury or illness.
For covered veterans, the veteran must be undergoing medical treatment, recuperation or
therapy for a serious injury or illness and s/he (1) was a member of the Armed Forces (including
the National Guard or Reserves); (2) was discharged or released under conditions other than
dishonorable; and (3) was discharged within the five-year period before the eligible employee
first takes FMLA military caregiver leave to care for the veteran.1
For covered veterans, serious injury or illness means any of the following:
(i) a continuation of a serious injury or illness that was incurred or aggravated when
the covered veteran was a member of the Armed Forces and rendered the
servicemember unable to perform the duties of the servicemember's office,
grade, rank, or rating; or
1
The employee’s first date of leave must be within the five year period. However, the employee may continue to
take leave throughout the single 12 month period even if the leave extends past the five year period. Note -
special rules may apply to calculating the five year period for veterans discharged between October 28, 2009 and
March 8, 2013. This period will effectively be excluded from the five year calculation.
FAMILY MEDICAL LEAVE ACT POLICY Page 5 of 10
ii) a physical or mental condition for which the covered veteran has received a U.S.
Department of Veterans Affairs Service-Related Disability Rating (VASRD) of 50
percent or greater, and such VASRD rating is based, in whole or in part, on the
condition precipitating the need for military caregiver leave; or
(iii) a physical or mental condition that substantially impairs the covered
veteran's ability to secure or follow a substantially gainful occupation by reason
of a disability or disabilities related to military service, or would do so absent
treatment; or
(iv) an injury, including a psychological injury, on the basis of
which the covered veteran has been enrolled in the Department of
Veterans Affairs Program of Comprehensive Assistance for Family
Caregivers.
When combined with any other type of FMLA qualifying leave, total leave time may not exceed
twenty-six (26) weeks in a single twelve (12) month period. Standard FMLA leave procedures
described below apply to all requests for and designation of leave for this purpose. However, in
the case of leave to care for an injured or ill service member, the 12 month period begins on the
day such leave actually commences.
TYPES OF LEAVE AND CONDITIONS
(a) Full-Time, Intermittent and Reduced Schedule Leave
Full-time unpaid leave may be taken for any of the reasons permitted by the FMLA. Full-time
leave excuses the employee from work for a continuous period of time.
Intermittent leave means leave taken in separate periods of time rather than for one continuous
period of time. Examples of intermittent leave include: leave taken one day per week over a
period of a few months; or leave taken on an occasional/as-needed basis for medical
appointments.
Reduced schedule leave is leave that reduces the employee's usual number of work hours per
day for some period of time. For example, an employee may request half-time work for a
number of weeks so the employee can assist in the care of a seriously ill parent.
An employee may take full-time, intermittent or reduced schedule leave whenever it is
medically necessary for a serious health condition of the eligible employee, his or her spouse,
child or parent. Intermittent leave or reduced schedule leave for other reasons will be
permitted only with the approval of the Superintendent or his/her designee.
If intermittent or reduced schedule leave is medically required, the Board may, in its sole
discretion, temporarily transfer the employee to another job with equivalent pay and benefits
that better accommodates the type of leave requested. Also, special arrangements may be
required of an instructional employee who needs to take intermittent or reduced-schedule
leave which will involve absence for more than twenty (20) percent of the work days in the
FAMILY MEDICAL LEAVE ACT POLICY Page 6 of 10
period over which the leave will extend (for example, more than five days over a five-week
period). For purposes of this policy, an instructional employee is defined as a teacher or other
employee of the board who is employed principally in an instructional capacity and whose
principal function is to teach and instruct students in a class, a small group, or an individual
setting, and includes athletic coaches, driving instructors, and special education assistants such
as signers for the hearing impaired. The term does not include teacher assistants or aides who
do not have as their principal function actual teaching or instructing, nor auxiliary personnel
such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance
workers, bus drivers, or other primarily noninstructional employees.
(b) Both Spouses Working for the Same Employer
If both spouses are employees of the Board and request leave for the birth, placement of a child
by adoption or for foster care, or to care for a seriously ill parent, they only will be entitled to a
maximum combined total leave equal to twelve (12) weeks in any 12-month entitlement period.
If either spouse (or both) uses a portion of the total 12-week entitlement for one of the
purposes in the preceding sentence, each is entitled to the difference between the amount he
or she has taken individually and the 12 weeks for FMLA leave for their own or their spouse's
serious health condition in the 12-month entitlement periods.
(c) Light Duty
Should an employee be offered a light duty opportunity during a period of FMLA leave, time
spent performing the light duty assignment will not count against the employee’s FMLA leave
entitlement. The employee’s right to restoration to his or her job will be held in abeyance
during the light duty assignment, or until the end of the applicable 12-month FMLA leave
period.]
(d) Leave Taken by Instructional Employees Near the End of an Academic
Term
If a leave taken by an instructional employee for any reason begins more than five (5) weeks
before the end of an academic term, the Board may require that employee to continue the
leave until the end of the term if the leave will last at least three (3) weeks and the employee
would return to work during the three-week period before the end of the term.
If the employee begins a leave during the five-week period preceding the end of an academic
term for a reason other than the employee's own serious health condition, the Board may
require the employee to continue taking leave until the end of the term if the leave will last
more than two (2) weeks and the employee would return to work during the two-week period
before the end of the term.
If the employee begins a leave during the three-week period preceding the end of an academic
term for a reason other than the employee's own serious health condition, the Board may
require the employee to continue taking leave until the end of the term if the leave will last
more than five (5) working days.
FAMILY MEDICAL LEAVE ACT POLICY Page 7 of 10
REQUESTS FOR LEAVE
Requests for a family or medical leave must be submitted to the human resources department
at least thirty (30) days before the leave is to commence, if possible. If thirty (30) days’ notice is
not possible, requests must be submitted as soon as practicable under the circumstances.
For leaves taken because of the employee's or a family member's serious health condition, the
employee must submit a completed "Physician or Practitioner Certification" form before the
leave begins if possible. This form may be obtained from the personnel department. If such
advance certification is not possible, the medical certification must be provided by the
employee within fifteen (15) calendar days of the Board's request for the medical certification.
If an employee takes leave to care for his or her own serious health condition, immediately
upon return to work the employee must provide medical certification that the health condition
which created the need for the leave no longer renders the employee unable to perform the
functions of the job. This certification must be submitted to the human resources department.
In connection with the Board’s request for medical information, employees must be aware that
the Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other
entities covered by GINA Title II from requesting or requiring genetic information of an
individual or family member of the individual, except as specifically allowed by this law. To
comply with this law, the Board requests that employees not provide any genetic information
when responding to a request for medical information. ‘Genetic information,’ as defined by
GINA, includes an individual’s family medical history, the results of an individual’s or family
member’s genetic tests, the fact that an individual or an individual’s family member sought or
received genetic services, and genetic information of a fetus carried by an individual or an
individual’s family member or an embryo lawfully held by an individual or family member
receiving assistive reproductive services.
USE OF PAID LEAVE
Accrued paid personal leave and accrued paid vacation will be substituted (in that order) for any
unpaid portions of family or medical leave taken for any reason. However, where the leave is
for the employee's own serious health condition, accrued paid sick leave shall be substituted for
unpaid portions of family or medical leave prior to the substitution of accrued paid personal and
accrued paid vacation leave. The amount of unpaid family or medical leave entitlement is
reduced by the amount of paid leave that is substituted.
In addition, in cases involving absences due to a Workers’ Compensation injury that also
qualifies as an FMLA serious health condition, and if the employee agrees with the Board to do
so, the Board will apply the employee’s available accrued paid leave in increments as a
supplement to the Workers’ Compensation weekly benefit in an appropriate amount so that the
employee can maintain his or her regular weekly income level.
MEDICAL INSURANCE AND OTHER BENEFITS
FAMILY MEDICAL LEAVE ACT POLICY Page 8 of 10
During approved family or medical leaves of absence, the Board will continue to pay its portion
of medical insurance premiums for the period of unpaid family or medical leave. The employee
must continue to pay his/her share of the premium, and failure to do so may result in loss of
coverage. If the employee does not return to work after expiration of the leave, the employee
will be required to reimburse the Board for payment of medical insurance premiums during the
family or medical leave, unless the employee does not return because of a serious health
condition or circumstances beyond the employee's control.
During an FMLA leave, an employee shall not accrue [seniority, pension benefits, or sick or
vacation leave, unless otherwise required by any applicable collective bargaining agreement or
Board Policy. However, unused employment benefits accrued by the employee up to the day on
which the leave begins will not be lost upon return to work. Leave taken under this policy does
not constitute an absence under Board's attendance policy.
REINSTATEMENT
Except for circumstances unrelated to the taking of a family or medical leave, an employee who
returns to work following the expiration of a family or medical leave is entitled to return to the
job held prior to the leave or to an equivalent position with equivalent pay and benefits.
ADDITIONAL INFORMATION
Questions regarding family or medical leave may be directed to the Superintendent or his/her
designee. An employee may file a complaint with U.S. Department of Labor or may bring a
private lawsuit against an employer. FMLA does not affect any federal or state law prohibiting
discrimination, or supersede any state or local law or collective bargaining agreement which
provides greater family or medical leave rights.
Legal References:
Connecticut General Statutes:
Conn. Gen. Stat. § 31-51rr
Regs. Conn. State Agencies 31-51rr-1, et seq.
United States Code:
Family and Medical Leave Act of 1993, 29 U.S.C. Section 2601 et seq., as amended
29 CFR Part 825.100 et seq.
Title II of the Genetic Information Nondiscrimination Act of 2008, Pub.L.110 233,
42 USC 2000ff; 29 CFR 1635.1 et seq.
FAMILY MEDICAL LEAVE ACT POLICY Page 9 of 10
Policy Adopted: December 9, 2008
Policy Revised: March 28, 2016
Policy Revised: April 10, 2018 (replaces #4252.6)
Policy Revised: May 11, 2021 (Reinstates policy #4152.6)
FAMILY MEDICAL LEAVE ACT POLICY Page 10 of 10