You are here

403.7 - Family and Medical Leave

The Family and Medical Leave Act of 1993 (FMLA) provides that unpaid family and medical leave will be granted up to 12 weeks per year to employees who meet certain conditions.

An eligible district employee will be entitled to family and medical leave (FMLA) for one or more of the following:

  • Because of the birth of a son or daughter of the employee and in order to care for such son or daughter;
  • Because of the placement of a son or daughter with the employee for adoption or foster care;
  • In order to care for the spouse, son, daughter, or parent of the employee if the spouse, son, daughter, or parent has a serious health condition; 
  • Because of a serious health conditions that make the employee unable to perform the functions of the position of such employee; or
  • Because of any qualifying exigency (determined by regulation) arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.
  • Servicemember Family Leave: In addition, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember who is recovering from a serious illness or injury sustained in the line of duty on active duty will be entitled to a total of 26 work weeks of leave during a 12-month rolling period to care for the servicemember. The leave described in this paragraph will only be available during a single 12-month rolling period during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave.

While on leave designated as FMLA, employees are not expected nor required to perform work duties for or on behalf of the district. An employee is required to substitute applicable and available paid leave for unpaid family and medical leave if such leave is provided in the employee’s collective bargaining agreement or terms and conditions of employment. Leave for an employee’s serious health condition including workers’ compensation leave (to the extent that it qualifies) will be designated as FMLA leave and will run concurrently with FMLA leave. The district will not provide paid leave in any situation in which the district would not normally provide any such paid leave. Employees eligible for family and medical leave (FMLA) must comply with the family and medical leave (FMLA) administrative rules and regulations prior to starting family and medical leave.

If an employee has been absent for one calendar week or more due to the employee's personal injury or illness, the employee is required to present a fitness-for-duty certificate from their physician prior to reporting back to work.

For purposes of this policy, “year”  is defined as a 12-month period measured forward from the date the employee’s first FMLA leave commenced.

Adopted: 3/91
Reviewed: 1/11; 12/11; 3/17; 4/20; 4/23
Revised: 4/13; 9/14
Related Policy: 403.7-R1-R2; 403.7-E1-E9
Legal Reference (Code of Iowa): §§ 20; 85; 216; 279.40; 29 USC §§ 2601 et seq; 29 CFR § 825 
IASB Reference: 409.03-409.03-E(2); 414.03-414.03-E(2)