Family and Medical Leave 2520
Certification of Health Care Provider for Employee's Serious Health Condition under FMLA
Certification of Health Care Provider for Family Member's Serious Health Medical Condition under FMLA.
1. PURPOSE AND PHILOSOPHY
The Family and Medical Leave Act of 1993 (FMLA) requires covered employers to provide up to twelve (12) weeks of unpaid, job-protected leave to “eligible” employees for certain family and medical reasons. Eligible employees are also entitled to up to twelve (12) weeks of leave because of “any qualifying exigency” 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 to active duty status, in support of a contingency operation. The Secretary of Labor of the United States issues regulations defining “any qualifying exigency.” Employees are eligible if they have worked for a covered employer for at least one (1) year, and for 1,250 hours over the previous twelve (12) months, and if there are at least fifty (50) employees within seventy-five (75) miles.
2. DEFINITIONS
2.1. “Eligible employees” – Employees who have worked for the District for at least 1,250 hours during the immediate preceding twelve (12) month period prior to any request for leave under this policy, or any certified employee of the District who has been employed full-time for at least twelve (12) months by the District.
29 CFR § 825.110
2.2. “Employment benefits” – All benefits provided by the District to its employees, such as group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pension or retirement benefits.
29 CFR § 825.102
2.3. “Health care provider” – A licensed doctor of osteopathy or medicine and other persons listed in the applicable regulation.
29 CFR § 825.102
2.4. “Parent” – The natural or adoptive or step or foster parent of a child or legal guardian who acts in the place of a parent.
29 CFR § 825.102
2.5. “Qualifying exigency” – A military action where United States forces are involved and are defined by the Secretary of Labor.
2.6. “Serious health condition” – An illness, injury, impairment, or physical or mental condition that requires:
2.6.1. Inpatient care consisting of an overnight stay in a hospital, hospice, or residential medical facility and subsequent treatment; OR
2.6.2. Continuing treatments by a health care provider, which includes:
2.6.2.1. A period of incapacity of more than 3 consecutive, full calendar days and any subsequent treatment or period of incapacity relating to the same condition
2.6.2.2. Which also involves:
2.6.2.2.1. Treatment 2 or more times, within 30 days of the first day of incapacity (unless extenuating circumstances as defined by regulation exist) by a health care provider or by a nurse or provider of health care services under the direct supervision of or under orders of or on referral by a health care provider, or
2.6.2.2.2. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the health care provider’s supervision.
2.6.2.3. Any period of incapacity due to pregnancy or prenatal care;
2.6.2.4. Any period of incapacity or treatment due to a chronic, serious health condition which:
2.6.2.4.1. Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider;
2.6.2.4.2. Continues over an extended period of time (including recurring episodes of a single underlying condition); AND
2.6.2.4.3. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.);
2.6.2.5. A period of incapacity which is permanent or long-term due to a serious health condition for which treatment may not be effective. The patient must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Such as Alzheimer’s disease, severe stroke, or terminal stages of a disease; OR
2.6.2.6. Any period of absence to receive multiple treatments by a health care provider for restorative surgery or for treatment leading to incapacity for more than three (3) consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), or kidney disease (dialysis).
2.6.2.7. An absence related to pregnancy or chronic conditions (as described above) qualify for FMLA leave even if no treatment is received and the absence does not last more than three consecutive calendar days. For example, in ability to report for work because of the onset of an asthma attack or because of severe morning sickness
29 CFR § 825.113
29 CFR § 825.114
29 CFR § 825.115
2.7. “Son or daughter” – A biological, adopted, or foster child; a stepchild; or a legal ward of a person who acts as parent. A child is: (a) less than eighteen (18) years of age; or (b) older than eighteen (18) years, but incapable of self-care due to mental or physical disability.
2.8. “Spouse” – A legal husband or wife as described in the Constitution of the State of Utah.
3. Eligibility
3.1. An eligible employee is entitled to a total of 12 work weeks of leave without pay during any 12-month period in the event of any of the following:
3.1.1. To care for the employee’s child after birth, placement for adoption, or foster care;
3.1.2. A father, as well as a mother, can take family leave for the birth, placement for adoption, or foster care of a child;
3.1.3. To care for the employee’s spouse, son or daughter, or parent who has a serious health condition; or for a serious health condition that makes the employee unable to perform the employee’s job.
3.2. An eligible employee is entitled to a total of 26 work weeks of leave without pay during a 12-month period to care for a covered service member with a serious illness or injury incurred in the line of duty on active duty.
3.3. An eligible employee is entitled to a total of 12 work weeks of leave without pay during a single 12-month period for any qualifying exigency arising out of a covered military family member who is on active duty or called to active duty status in support of a contingency operation. A qualifying contingency exists in the following circumstances:
3.3.1 Short-notice deployment;
3.3.2 Military events and related activities;
3.3.3 Child care and school activities;
3.3.4 Financial and legal arrangements;
3.3.5 Counseling;
3.3.6 Rest and Recuperation;
3.3.7 Post-deployment activities;
3.3.8 Parental activities; and
3.3.9 Additional activities not encompassed in the above, but agreed to by the employee and the District.
29 CFR § 825.112
29 CFR § 825.200
29 CFR § 825.122
29 CFR § 825.127
29 CFR § 825.126
4. Concurrent Leave
4.1 The board hereby designates all paid or unpaid leave for any reason to be counted as part of and included in the Family Medical Leave so that an employee shall be entitled to no more than the maximum available leave allowed under the Family Medical Leave Act and other types of leave taken together.
4.2 The District hereby requires the employee to substitute any accrued leave, of the employee in place of any part of the FMLA leave week period of any leave under this policy.
4.3 Nothing shall require the District to provide paid sick leave, vacation leave, annual leave, or other type of paid leave in any situation where it is not otherwise provided under District policies.
29 CFR § 825.207
5. Limitations on Intermittent or Reduced Schedule Leave
5.1 An additional limitation applies where an instructional employee needs intermittent leave or leave on a reduced schedule which is foreseeable based on planned medical treatment and which is needed for the employee’s own serious health condition or to care for a family member with a serious health condition or for a covered service member. If the employee would be on leave for more than 20% of the total number of working days over the period the leave would extend, then the District may require the employee to choose one of the following options:
5.1.1 Take leave for a period or periods of a particular duration (not greater than the duration of the planned treatment); or
5.1.2 Transfer temporarily to an available alternative position for which the employee is qualified, which has equivalent pay and benefits and which better accommodates recurring periods of leave than does the employee’s regular position.
5.1.3 If the employee fails to give the required notice of the foreseeable leave, the District may require the employee to take one of the above-listed options or may require the employee to delay taking the leave until the notice requirements have been satisfied.
5.1.4 Leave that is taken for a period that ends with the school year and continues at the beginning of the next school year is not considered intermittent but is considered consecutive.
5.1.5 If an instructional employee chooses to take leave for periods of a particular duration in the case of intermittent or reduced schedule leave, the entire period of leave taken will count as FMLA leave.
29 CFR § 825.601
29 CFR § 825.603(a)
6. Foreseeable Leave
6.1 An employee shall make a reasonable effort to:
6.1.1 provide the District with at least 30 days prior written notice of any anticipated leave under this policy whenever the leave is foreseeable; and
6.1.2 schedule treatment so as not to unduly disrupt the operations of the District.
29 CFR § 825.302
7. Spouses of Employees Employed by the District
7.1 In any case where both husband and wife are employees of the District and both seek leave under this policy, such leave shall be limited to an aggregate of the maximum allowed individual leave during any 12-month period if:
7.1.1 Leave is sought to care for a newborn daughter or son or the adoption of a daughter or son; or
7.1.2 Leave is sought to care for a sick parent.
29 CFR § 825.201
8. Certification for Leave for Qualifying Exigencies
8.1 All leave under this policy taken because of a military qualifying exigency shall be supported by a certification from the employee that includes:
8.1.1 A statement or description, signed by the employee, of appropriate facts regarding the qualifying exigency which are sufficient to support the need for leave, including information on the type of qualifying exigency and any available written documentation which supports the request.
8.1.2 The approximate date on which the qualifying exigency commenced or will commence.
8.1.3 If the request is for leave for a single, continuous period of time, the beginning and end dates of the absence.
8.1.4 If the request is for leave on an intermittent or reduced schedule basis, an estimate of the frequency and duration of the qualifying exigency.
8.1.5 If the exigency involves meeting with a third party, appropriate contact information for the person with whom the employee is meeting (such as the name, title, organization, address, telephone number, and email) and a brief description of the purpose of the meeting.
8.1.6 If the exigency involves Rest and Recuperation leave, a copy of the military member’s Rest and Recuperation orders or other documentation indicating that such leave has been granted, and the dates of the leave.
8.1.7 If the exigency is covered active duty or call to covered active duty status, then the first time that leave is requested because of that duty or call to duty, the employee must provide a copy of the orders or other documentation showing the status or call to status and the dates of the covered active duty service.
29 CFR § 825.309
9. ADVANCE NOTICE AND MEDICAL CERTIFICATION
9.1. The employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met.
9.1.1. The employee ordinarily must provide thirty (30) days advance notice when the leave is “foreseeable.”
9.1.2. An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer’s expense) and a fitness for duty report to return to work.
9.1.3. The employee shall make a reasonable effort to schedule treatment so as not to unduly disrupt the operations of the District.
9.1.4. Medical certification must include the following:
9.1.4.1. The date on which the serious health condition commenced.
9.1.4.2. The probable duration of the condition.
9.1.4.3. If additional treatments will be required for the condition, an estimate of the probable number of such treatments.
9.1.4.4. Which part of the definition of “serious health condition,” if any, applies to the patient’s condition and the medical facts which support the certification, including a brief statement as to how the medical facts meet the criteria of the definition.
9.1.4.5. If medical leave is required for the employee’s absence from work because of the employee’s own condition (including absences due to pregnancy or a chronic condition), whether the employee:
9.1.4.5.1. Is unable to perform work of any kind.
9.1.4.5.2. Is unable to perform any one or more of the essential functions of the employee’s position, including a statement of the essential functions the employee is unable to perform, based on either information on a statement from the employer of the essential functions of the position or, if not provided, discussion with the employee about the employee’s job functions.
9.1.4.5.3. Must be absent from work for treatment.
9.1.4.5.4. A statement that the serious medical condition prevents the employee from performing the tasks of the position or that requires the employee to attend and care for a son, daughter, spouse, or parent.
10. JOB BENEFITS AND PROTECTION
10.1 An employee who takes leave in conformance with this policy is entitled to:
10.1.1 be restored to the position held by the employee prior to leave; or
10.1.2 be provided an equivalent position in terms of benefits, pay and responsibilities.
10.1.3 No benefit accrued prior to taking leave shall be lost as a result of taking leave under this policy.
10.1.4 The employee shall not accrue any seniority or employment benefits during any period of leave.
10.1.5 The District may deny restoration of employment or an equivalent position to a key employee under circumstances and to the extent provided for by applicable regulations, which in general provide for this if:
10.1.6 The denial is necessary to prevent substantial and grievous economic injury to the operations of the District;
10.1.7 The District notifies the employee that it intends to deny restoration when it determines that injury would occur;
10.1.8 The employee elects not to return to employment after receiving notice; and
10.1.9 The employee is paid on a salary basis and is among the highest paid 10% of employees of the District.
11. If an employee fails to return to work after leave expires for reasons other than continuation, recurrence, or onset of a serious health condition of the employee, son, daughter, or spouse, or for other reasons outside of the employee’s control, then the District may recover the premium paid for maintaining coverage for the employee during the leave period.
29 CFR § 825.215
29 CFR § 825.213
29 CFR § 825.214
29 CFR § 825.216
Approved: 11/07/18
