Code 203

A family and medical leave of absence (FMLA) shall be defined as an approved non-paid leave of absence available to an eligible employee for up to a total of 12 weeks per “rolling” twelve (12) month period measured backwards from the date an employee uses any qualified FMLA. FMLA must be taken in a manner consistent with SEDC policies.

• FMLA, whether regular or intermittent, is non-paid.
• To be eligible, an employee must have been assigned to a position, have actually worked at least 1,250 hours (actual hours assigned to work) during the twelve (12) months immediately preceding the commencement of FMLA, and must have been employed by SEDC for at least one year (12 months)
• FMLA will be granted to an employee who has identified and substantiated an eligible personal qualifying event or condition, or a qualifying event or condition for an eligible family member, which will require a temporary short-term release from responsibilities at SEDC. A FMLA, not to exceed twelve (12) weeks per rolling year, may be taken for one or more of the following qualifying events or conditions:
  • The birth of the employee’s child or an adoption;
  • The care of an employee’s newborn, adopted, or foster child within the first twelve (12) months following the birth or placement of a child;
  • The care of a spouse, son, daughter, or parent of the employee if the individual has a medically verified serious health condition. The term “son” or “daughter” means an adopted, biological or foster child, a stepchild, legal ward, or a child of a person standing in loco parent is who is under eighteen (18) years of age or eighteen (18) years of age or older and incapable of self-care because of a mental or physical disability; or
  • A serious health condition that makes the employee unable to perform the essential functions of the position to which the employee is assigned.
• FMLA shall run concurrently with long-term disability, paid leave, unpaid leave, and /or paid vacation for an FMLA qualifying event. SEDC requires employees to exhaust paid vacation days before using any remaining unpaid FMLA leave.
• When FMLA is requested, an employee shall complete a written leave request for FML at least thirty (30) days prior to the effective date of the FMLA unless a medical emergency precludes such advance notice. When the need for FMLA is not foreseeable, the employee will submit a written request for FMLA to the director as soon as it is determined leave is necessary but no later than two (2) working days after the leave begins. The employee must submit necessary documentation to substantiate the need for FMLA at the time of the request. If the need for FMLA is not foreseeable, the employee must submit proper medical certification within fifteen (15) days of the request or the FMLA may be denied.
• The request for a medical FMLA shall be accompanied by an attending physician’s statement, as provided for in the Family and Medical Leave Act of 1993. The physician’s statement must outline the need for the employee to be absent, the date on which the serious health condition commenced, the probable duration of the condition, the appropriate medical facts regarding the condition and other pertinent medical facts.
  • If the FMLA is for a serious health condition of the employee, the physician’s certification must include a statement that the employee is unable to perform the essential functions of their job and all other required information.
  • If the FMLA is to care for an eligible family member, the medical statement must also state that the employee is needed to care for the son, daughter, (see III.C.), spouse or parent of the employee and the amount of time required for such care.
    • Serious health condition is defined as an illness, injury or impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider which satisfies the requirements of law. Unless complications arise which satisfy the meaning of serious health condition”, the common cold, flu, earaches, upset stomach, minor ulcers, headaches, routine dental or orthodontia problems, periodontal disease, etc., do not quality for FMLA.
    • If intermittent FMLA is requested, the medical statement must also include the dates on which treatment is expected to be given, the duration of treatment, and that such treatment is not available at a time which would not require leave from duty.
    • SEDC may, at its expense, request a second opinion that FMLA is necessary. A third medical opinion by a doctor, jointly designated by the center and the employee, may be obtained at the center’s expense if the second opinion conflicts with the first.
    • When FMLA is requested for an employee’s serious health condition, before such leave expires, the employee must provide documentation from the original certifying health care provider certifying that the employee is able to resume work. The employee has the right to return to work during the approved FMLA period if the health care provider provides a written statement to SEDC that the employee, in the opinion of the health care provider, is able to perform the essential functions of the job. An employee on FMLA for a serious health condition who does not provide the center the necessary return-to-work certification prior to the date of their scheduled return may not return to work, must apply for an appropriate leave of absence, resign, or will be subject to dismissal.
    • The FMLA request must be submitted in writing to and approved by the appropriate supervisor.
    • Calculation for the amount of FMLA available begins when the qualifying event commences, whether accrued earned leave or non-paid leave was taken.
• SEDC will continue to contribute its portion of the appropriate group health insurance coverage in force at the time the leave begins during eligible non-paid FMLA. The employee must pay the required monthly contribution, by check, to the fiscal agent, Iron County School District. If the employee fails to return from leave, the center may recover (as provided for in the Family and Medical Leave Act of 1993) any premium that the SEDC has paid for maintaining group health insurance coverage during FMLA. An employee is considered to have returned to work if he or she returns for at least 30 calendar days. An exception to the rule may be made if an employee’s circumstances change unexpectedly beyond their control during the leave period, which make them unable to return to work at the end of the twelve (12) week period. Medical certification and SEDC approval is required.
• An employee who takes FMLA does not earn service credit toward retirement and does not accumulate other benefits during the period of non-paid leave. The employee is not entitled to unemployment compensation benefits during the leave period.
• When spouses are employed by the center and are both eligible for FMLA, their aggregate leave entitlement will be twelve (12) weeks if the leave is for the birth, adoption or placement of a child, or the illness of a parent or dependent child.
• Employees returning from FMLA may be restored to the same position or be assigned to an equivalent position. SEDC is not obligated to return the employee to the position held by the individual prior to FMLA.
• This regulation is based upon the final rule for the United States Department of Labor’s Family and Medical Leave Act of 1993 (FMLA), 29CFR825, as published in the January 6, 1995 Federal Register, Vol. 6, No. 4. It is not intended to be the complete explanation of the FMLA. An employee may review the final rule by securing a copy of the respective Federal Register noted above. The final rule will be used as a source to clarify implementation, when necessary, and the decisions made by the center regarding an employee’s eligibility for FMLA will be based upon this regulation and the final rule.