Machine-extracted text of a publicly
posted document, provided for reference and search. The original document at
the link above is authoritative.
Book Policy Manual
Section 4000 - Personnel Certified/Non-Certified
Title Family Medical Leave Act Policy
Code 4252.6
Status Active
Adopted December 9, 2008
Last Revised May 11, 2021
Prior Revised Dates 03/28/2016; 04/10/2018
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.
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.
Legal 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
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)
Cross References 4118.14 - Nondiscrimination On The Basis of Disabilities