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HCPSS / POLICIES

Policy 7100 – Family and Medical Leave

The purpose of this policy is to ensure the implementation of the Family and Medical Leave Act of 1993 (FMLA).

Policy Document

Implementation Procedures

I. Policy Value Statement

The Board of Education recognizes its legal obligation to provide leave in compliance with the Family and Medical Leave Act of 1993 (FMLA).

II. Purpose

The purpose of this policy is to ensure the implementation of the Family and Medical Leave Act of 1993 (FMLA).

III. Standards

  1. Under the Family and Medical Leave Act (FMLA) up to 12 weeks of leave in a 12-month period may be granted to an eligible employee for:

    1. The employee’s own serious health condition that renders the employee unable to perform the functions of the employee’s position or job.

    2. The care for a spouse, child, eligible same sex domestic partner (SSDP), or parent who has a serious health condition.

    3. The birth of the employee’s child.

    4. The adoption of a child by the employee.

    5. The placement of a foster child with the employee.

  2. The National Defense Authorization Act of FY 2008 amends the FMLA Act of 1993 to provide the following Military Family Leave:

    1. Up to 26 weeks of leave in a single 12-month period for eligible employees to care for a covered service member who has a serious injury or illness incurred during the line of duty on active duty.

    2. Up to 12 weeks of leave entitlement to address certain exigencies for eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty.

IV. Responsibilities

The Superintendent/designee will ensure that the provisions of this policy are followed.

V. Delegation of Authority

The Superintendent is authorized to develop appropriate procedures to implement this policy.

VI. Definitions

  1. Child – A biological, adopted, or foster child, stepchild, a legal ward, or child of a person standing in loco parentis who is under age 18, unless he or she is incapable of self care due to mental or physical disability.

  2. Eligible Employee – An employee who has is employed at .5 or more and who has been employed with the Howard County Public School System (HCPSS) for at least 12 months during the 12-month period immediately preceding the commencement of the leave.

  3. Eligible Same Sex Domestic Partner (SSDP) – An individual approved to receive benefits under the criteria established by the Board and as stated in the Benefits Enrollment Guide for Active Employees.

  4. Employment Benefits – All benefits provided to employees of the HCPSS, which may include group life insurance, health insurance, sick leave, personal leave, or annual leave as referred to in the negotiated agreements.

  5. Family and Medical Leave – Leave with or without pay granted to an eligible employee in compliance with federal regulations and guidelines.

  6. Military Family Leave – Leave with or without pay granted to an eligible employee in compliance with the National Defense Authorization Act for FY 2008.

  7. Serious Health Condition – An illness, injury, impairment, physical or mental condition that involves:

    1. Any period of incapacity or treatment in connection with inpatient care (an overnight stay) in a hospital, hospice, or residential medical care facility.

    2. Any period of incapacity requiring absence from work, school, or other regular daily activities of more than three calendar days that involves continuing treatment by, or under the supervision of, a health care provider.

    3. Continuing treatment by, or under the supervision of, a health care provider for a chronic or long-term health condition that is incurable or so serious that, if untreated, would likely result in a period of incapacity of more than three calendar days.

  8. Twelve-month Period – The rolling twelve-month period measured back from the date FMLA leave is used.

VII. References

A. Legal

  • Public Law 103-3, 107 Stat. 6 (29 U.S.C. 2601 et seq.), Family and Medical Leave Act of 1993

  • Public Law 110-181, Section 585(a), the National Defense Authorization Act for FY 2008 (NDAA)

B. Other Board Policies

C. Relevant Data Sources

D. Other

  • Master Agreement Between the Board of Education and the American Federation of State, County and Municipal Employees (AFSCME)

  • Master Agreement Between the Board of Education and the Howard County Administrators Association (HCAA)

  • Master Agreement Between the Board of Education and the Howard County Education Association (HCEA)

  • Master Agreement Between the Board of Education and the Howard County Educational Support Professionals (ESP)

  • Howard County Public School System Benefits Enrollment Guide for Active Employees

VIII. History

ADOPTED: April 14, 1994

REVIEWED: July 1, 2015

MODIFIED: May 11, 2021

REVISED: February 12, 2009

EFFECTIVE: May 11, 2021

Policy History Key

  • Adopted-Original date the Board took action to approve a policy
  • Reviewed-The date the status of a policy was assessed by the Superintendent’s Standing Policy Group
  • Modified-The date the Board took action to alter a policy that based on the recommendation of the Superintendent/designee did not require a comprehensive examination
  • Revised-The date the Board took action on a that policy based on the recommendation of the Superintendent/designee needed a comprehensive examination
  • Effective-The date a policy is implemented throughout the HCPSS, typically July 1 following Board action.