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403.23 - Extended Leave for Employees Who Have a Serious Health Condition Due to Illness or Injury

 

 

 

I. Extended Leave for Employees Who Have Exhausted FMLA Leave

If an employee who is eligible for leave under the Family and Medical Leave Act (FMLA) has an illness or injury, including Workers’ Compensation illness or injuries, requiring a leave of absence for more than the time the employee has available through FMLA, the district will, with satisfactory written medical evidence, grant extended leave for up to an additional 13 weeks beyond the leave available under FMLA for a total of 12 weeks of FMLA leave plus 13 additional weeks in a 12-month rolling period. The employee’s job will not be held open during an extended leave. At the end of the extended leave the district will grant the employee reinstatement to an available open position for which the employee is qualified, if the employee is able to perform the essential functions of the available open position with or without reasonable accommodation.

The employee will be responsible for paying the total cost of the health insurance premiums on any health insurance coverage, including supplemental life and dental insurance, the employee or the employee’s family is receiving through the district during the extended leave period. The district will not provide insurance opt-out contributions while an employee is on extended leave. Employees must use any paid time off (or unpaid personal time off provided specifically by their negotiated agreement) during the extended leave and will not accrue additional leave time during the 13 weeks of the extended leave.

II. Extended Leave for Employees Who are Not Eligible for FMLA Leave

If an employee who is not eligible for leave under FMLA has an illness or injury, including Worker’s Compensation illness or injuries, requiring a leave of absence the district will, with satisfactory written medical evidence, provide an extended leave for a total of 8 weeks in a 12-month rolling period. The employee’s job will not be held open during an extended leave. At the end of the eight-week period, the district will grant the employee reinstatement to an available open position for which the employee is qualified, if the employee is able to perform the essential functions of the available open position with or without reasonable accommodation. The employee will be responsible for their share of the total cost of the health insurance premiums on any health insurance coverage the employee or the employee’s family is receiving through the district during the extended leave. Employees must use any paid time off (or unpaid personal time off provided specifically by their negotiated agreement) during the extended leave and will not accrue additional leave time during the eight weeks of extended leave.

III. General Provisions

While on any leave, employees are required to report periodically to their supervisor and/or Human Resources in writing at least every 30 days regarding the status of their medical condition and their intent to return to work. Employees may be required to provide medical evidence substantiating their need for continued leave.

If at the end of the extended leave (under either Section I or II above) there are no available open positions which the employee is qualified to perform or if because of illness or injury an employee is still not able to return to employment because they are unable to perform the essential functions of any available open positions, either with or without reasonable accommodation, the employee shall be separated from employment unless the employee still has paid time off available (or unpaid personal time off provided specifically by their negotiated agreement). Once any remaining paid time off (or unpaid personal time off provided specifically by their negotiated agreement) is exhausted, if there are no available open positions which the employee is qualified to perform or if because of illness or injury an employee is still not able to return to employment because they are unable to perform the essential functions of any available open positions, either with or without reasonable accommodation, the employee shall be separated from employment.

If there is any law or provision that requires the district to grant leave beyond that provided in this policy based on the facts in a particular case the district will follow the requirements of that law.


Adopted: 1/07
Reviewed: 3/11; 9/14; 8/17
Revised: 12/11; 1/12; 4/13