Policy 7100 Implementation Procedures - Family and Medical Leave

Requests for Family and Medical Leave Act of 1993 (FMLA) leave must be made through the Department of Human Resources. The Department of Human Resources will provide appropriate forms and will process leave requests. Howard County Public School System (HCPSS) employees must also notify their building administrator/supervisor that FMLA leave is being requested through the Department of Human Resources.

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

An eligible HCPSS 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 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 (1) or two (2) 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 HCPSS employees on FMLA leave because of a serious health condition or a serious health condition of an eligible family member 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.

HCPSS employees are expected to return to work immediately following the expiration of FMLA leave. However, if an eligible HCPSS 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 HCPSS employees. Such requests must follow procedures and criteria established by the Department of Human Resources.

FMLA limits the leave that may be taken by spouses 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 the employee’s child, the adoption of a child by the employee, or the placement of a foster child with the employee, and to bond with the newborn child within one (1) year of birth, adoption, or placement.

If a HCPSS employee is on FMLA due to their own serious medical condition, the employee must provide, in writing by a healthcare provider, an anticipated date of return to the normal full duty work schedule.

If a HCPSS employee is on FMLA due to a family illness and the family member passes away, the FMLA leave ends as of the date of the death and the employee must notify the Department of Human Resources to discuss paid time off and/or leave options immediately.

While on FMLA, a HCPSS employee is not allowed to accept temporary work within HCPSS, including but not limited to, substitute teacher, lunch and recess monitor, Home and Hospital, coach, etc.

A HCPSS employee who has questions or concerns regarding their FMLA leave request should contact the Department of Human Resources.

Intermittent leave is available, if medically necessary, due to a serious health condition of an eligible HCPSS employee or the eligible employee’s immediate family member. Intermittent or reduced schedule is also available for military family leave reasons. Bonding with a newborn or newly placed child are not covered under intermittent leave.

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

HCPSS will make every reasonable effort to accommodate requests for intermittent leave or reduced work schedule due to medical necessity. The HCPSS 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.

HCPSS employees will make every reasonable effort to minimize the disruption to their workday by scheduling appointments at the beginning and/or end of the duty day when possible.

There are additional provisions for eligible HCPSS 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, the HCPSS employee may be required to:

An eligible HCPSS instructional employee may be required to continue on leave until the end of the academic term under certain circumstances as defined by FMLA and approved by the Department of Human Resources.

A HCPSS instructional employee’s leave may be required to be extended until the end of an academic term if the employee intends to return during the two (2) weeks before the end of the term.

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

If an eligible HCPSS employee does not have enough applicable paid leave during their absence, additional leave will be provided without pay to meet the FMLA request. HCPSS may approve the use of unpaid FMLA leave for employee absences which meet the FMLA leave criteria.

HCPSS may request an independent medical evaluation to obtain a second opinion before approving FMLA leave.

Denial of a FMLA leave request may be appealed to the Department of Human Resources within ten business days of the notification of the denial.

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 must be provided to support the request for Military Qualifying Exigency Leave or Military Caregiver Leave.

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

A HCPSS employee on FMLA leave for their own serious health condition may be required to submit a medical certification stating that the employee is able to perform the essential functions of the job, which must be approved by the Department of Human Resources before the employee can return to work. Requests for accommodations to perform the essential functions of the job must be made at least two (2) weeks prior to the expiration of the approved leave.

The eligible HCPSS employee will be returned to the same position, in most cases, as held prior to the FMLA leave. However, in some instances, the HCPSS 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 HCPSS employee’s health coverage will continue under the same conditions that applied before the leave commenced.

A HCPSS employee who is on approved paid FMLA leave, including intermittent leave, will continue to accrue leave at their regular rate.

A HCPSS 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 primary job responsibility is to teach and instruct students in a classroom, a small group, or an individual setting. Although not all-inclusive, this term includes teachers, athletic coaches, related service providers, and classroom and special education paraeducators.

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. This can be provided on HCPSS’ medical certification form or in a different format by a healthcare provider. The documentation, at a minimum, must be dated and include patient information, healthcare provider information, confirmation of a serious health condition, start date of condition, expected duration of condition, and an inability to work statement, and a signature from a healthcare professional.

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.