NORWICH FREE ACADEMY
FAMILY AND MEDICAL LEAVE POLICY
An employee who (1) has been employed with the Norwich Free Academy (“NFA”) for a minimum of twelve months and who has worked at least 1,250 hours in the twelve months leading up to the employee’s request for leave, or (2) is covered under the terms of a negotiated contract explicitly providing for eligibility for family and medical leave, and who satisfies the contract’s leave requirements, provided that they are no greater than the general eligibility requirements stated in number (1) above, is eligible to take twelve weeks of unpaid family and medical leave (“FMLA”) in a twelve month period, provided that the employee takes leave for any one of the following reasons:
1. The birth or placement of a child for adoption or foster care in your home;
2. To care for an immediate family member (spouse, child, parent) with a serious health condition;
3. To take medical leave when the employee is unable to work because of a serious health condition.
For the purposes of this policy only, the term “teacher” will denote an NFA employee.
Under certain circumstances, employees may take FMLA leave intermittently. This means taking leave in blocks of time or by reducing their normal weekly or daily work schedule.
An employee seeking to use FMLA leave must make requests for leave a least thirty days in advance of foreseeable events, and as soon as possible for unforeseeable events. In most cases, employees will be required to provide medical certification documenting the need for family or medical leave.
Employees may request to substitute paid sick leave, personal leave, and/or vacation to cover otherwise unpaid family or medical leave. It should be noted that NFA will not allow substitution of paid leave for unpaid leave in a situation where NFA would not normally allow such paid leave.
NFA will maintain health insurance coverage for an employee on FMLA leave whenever such insurance was provided before the leave was taken and on the same terms and conditions as if the employee had continued to work (for example, employees taking unpaid FMLA leave will be responsible for paying their share of health insurance premiums while on leave).
The Norwich Free Academy will require teachers taking leave more than five weeks prior to the end of the semester, to continue taking leave until the end of the semester, where the leave lasts three or more weeks and the teacher's return to employment would occur in the last three week period of the semester.
Where a teacher commences leave, during the last five weeks of the semester, the Norwich Free Academy will require the teacher to continue taking leave until the end of the semester where: (1) the leave lasts more than two weeks, and; (2) the teacher's return to employment would occur during the final two weeks of the semester.
Where a teacher commences leave during the final three weeks of the semester, and the leave lasts longer than five working days, the Norwich Free Academy will require the teacher to continue taking leave until the end of the semester.
So that an employee's return to work can be properly scheduled, an employee on family or medical leave is required to provide at least two weeks advance notice of the date the employee intends to return to work. When the leave period ends, the employee will be reinstated to the same position, if it is available, or to an equivalent position for which the employee is qualified.
Military and Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.
In regards to military caregiver leave, no more than a total of 26 weeks’ combined leave during the one (1) year period will be granted to a husband and wife both employed by the Board. However, each spouse may be entitled to additional leave for other qualifying reasons under the Act, such as the employee’s own illness or for the serious illness of the employee’s child.
Policy Adopted: June 14, 1995
Policy Revised: April 21, 2009