Policy 7100 Implementation Procedures - Family and Medical Leave

Requests for FMLA leave must be made through the Office of Human Resources. The Office of Human Resources will provide appropriate forms and will process leave requests. Employees must also notify their building administrator/supervisor that FMLA leave is being requested through the Office of Human Resources.

An application for leave based on the serious health condition of the employee or the employee’s spouse, child, same sex domestic partner (SSDP), or parent must also be accompanied by a "Medical Certification Statement" provided by the Howard County Public School System (HCPSS) and completed by the health care provider. Failure to fulfill this requirement may result in the eligible employee being absent without leave and subject to termination.

An eligible employee must provide the HCPSS at least 30 days advance notice before FMLA leave is to begin, if the need for the leave is foreseeable, such as an expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee, eligible SSDP, or of an eligible family member. When the need for leave is not foreseeable, such notice must be given as soon as possible, preferably within one or two business days of when the employee learns of the need for the leave.

The HCPSS reserves the right to make reasonable inquiries to determine if the nature of the absence qualifies for FMLA leave.

Eligible employees on FMLA leave because of a serious health condition or a serious health condition of an eligible family member or eligible SSDP may be requested to provide, at reasonable intervals, periodic medical statements pertaining to the individual’s health status. For a chronic health condition, the employee must certify doctor visits for the qualifying condition at least twice per year.

Employees are expected to return to work immediately following the expiration of FMLA leave. However, if an eligible employee is unable to return to work at the expiration of the FMLA leave, the employee may request approval for additional leave under another designated type of leave available to employees. Such requests must follow procedures and criteria established by the Office of Human Resources.

FMLA limits the leave that may be taken by a spouse or eligible SSDP who work for the same employer to a combined total of 12 work weeks during any 12-month period of leave taken for the birth of a child, to care for the child after birth, for placement for adoption or foster care of a child.

An employee must provide, in writing, an anticipated date of return to the normal work schedule.

An employee who has questions or concerns regarding his/her FMLA leave request should contact the Office of Human Resources.

Intermittent leave is available, if medically necessary, due to a serious health condition of an eligible employee, or the eligible employee’s immediate family member or eligible SSDP. The birth of a child, adoption, and/or foster care are not covered under intermittent leave.

The eligible employee is subject to the notification requirements in Section I.

The HCPSS will make every effort to accommodate requests for intermittent leave or reduced work schedule due to medical necessity. The employee may be assigned to an alternative position with equivalent pay and employment benefits if the alternative better accommodates the employee’s intermittent leave schedule.

There are additional provisions for eligible instructional employees requesting intermittent leave or a reduced work schedule for planned medical treatment. If the leave request would result in the employee missing more than 20 percent of the work schedule, HCPSS may require the employee:

The following paid leave may be used as part of the approved FMLA leave in accordance with the negotiated agreements:

If an eligible employee does not have enough applicable paid leave during his/her absence, additional leave will be provided without pay to meet the FMLA request.

Medical certification must be provided for any request for absence due to a serious health condition or the birth of a child.

Requests for the adoption and/or foster care of a child must be accompanied by appropriate certification.

Documentation may be requested to support the request for Military Family Leave.

A second and/or third independent opinion may be required for additional medical verification.

Prior to returning to work, an employee on FMLA leave for his/her own serious health condition is required to submit a medical certification stating that the employee is able to perform the functions of the job.

The eligible employee will be returned to the same position, in most cases, as held prior to the FMLA leave. However, in some instances, the employee may be returned to an available equivalent position for which the employee is qualified with equivalent employment benefits, pay, responsibilities, and other conditions in existence prior to the FMLA leave.

Taking leave under FMLA will not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.

During a period of FMLA leave, an eligible employee’s health coverage will continue under the same conditions that applied before the leave commenced.

An employee who is on approved paid FMLA leave, including intermittent leave, will continue to accrue leave at his/her regular rate.

An employee on unpaid FMLA leave will not accrue leave during this time.

Academic Term – A school semester.

Certification – Official documentation required for the approval of FMLA leave such as, but not limited to, medical, military family, adoption, or foster care.

Equivalent Position – A position which has the same pay, employment benefits, and working conditions. An equivalent position involves the same or substantially similar duties and responsibilities, and entails substantially equivalent skill, effort, responsibility, and authority.

Instructional Employee – An employee whose principal function is to teach and instruct students in a class, a small group, or an individual setting. This term includes not only teachers, but also athletic coaches and special education assistants such as signers for the hearing impaired. It does not include teacher assistants or aides who do not have as their principal job actual teaching or instructing nor does it include auxiliary personnel such as counselors, psychologists or curriculum specialists.

Intermittent Leave – Leave taken in separate periods of time due to a single illness or injury.

Medical Certification Statement – Official documentation required for the approval of FMLA leave for a serious health condition.

Reduced Work Schedule – A leave schedule that reduces an employee’s usual number of working hours.

Week – For purposes of FMLA leave, a week is equivalent to the employee’s normal assigned work schedule for a week.