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FMLA

FMLA Overview

The board will provide leave to eligible employees consistent with the Family and Medical Leave Act of 1993 (FMLA). Eligible employees are entitled to up to 12 work weeks of unpaid family and medical leave in a fiscal year (July 1–June 30) or up to 26 work weeks of unpaid leave during a “single 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, as defined in administrative rule GCC/GDC-R. The employee may elect, or the district may require the employee, to use accrued paid leave during all or part of the FMLA leave, if the accrued leave is available for the circumstances necessitating the leave. The district will continue to pay the district’s share of the employee’s health insurance premiums during the leave. In addition, the district will restore the employee to the same or an equivalent position after the termination of the leave, in accordance with board policy.

In complying with the FMLA, the district will adhere to the requirements of the Americans with Disabilities Act, as well as other applicable federal and state laws. For further information, please refer to administrative rule GCC/GDC-R. Pursuant to board policy GCC/GDC, Richland School District Two adopts the following guidelines to provide a fair and systematic procedure by which eligible employees may take unpaid leaves of absence for family and medical reasons.

 

Eligibility Requirements

To qualify for leave under this policy, an employee must have been employed by the school district for at least 12 months as of the date on which the requested leave will commence. In addition, the employee must have worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.

 

Leave Entitlement

An eligible employee is entitled to a total of 12 workweeks of unpaid leave during any fiscal year (July 1 through June 30). FMLA leave is available for the following reasons:

  • For the birth of a son or daughter of the employee.

  • For the placement of a child with the employee for adoption or foster care.

  • To care for a spouse, son, daughter or parent of the employee,if such spouse, son, daughter or parent has a serious health condition.

  • Because of a serious health condition of the employee that renders the employee unable to perform the essential functions of the position.

The entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the date of such birth or placement. Foster care is 24-hour care for children in substitution for and away from their parents or guardian, by or with the agreement of the state or pursuant to a judicial determination. “Son or daughter” means a biological, adopted or foster child, stepchild, legal ward or child of a person standing in loco parentis, who is either under age 18 or age 18 or older and incapable of self-care because of a mental or physical disability. Persons who are “in loco parentis” include those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, persons who had such responsibility for the employee when the employee was a child.

A “serious health condition” is an illness, injury, impairment or physical or mental condition that involves either of the following:

  • Inpatient care, i.e., an overnight stay, in a hospital, hospice or residential medical-care facility, including any period of incapacity, i.e., inability to work, attend school or perform other regular daily activities or subsequent treatment in connection with such inpatient care.

  • Continuing treatment by a healthcare provider.

Continuing treatment by a healthcare provider means the following:

  • A period of incapacity lasting more than three consecutive, full calendar days and any subsequent treatment or period of incapacity relating to the same condition, that also includes the following:

  • Treatment two or more times by or under the supervision of a healthcare provider, which includes in-person visits, the first within seven days and both within 30 days of the first day of incapacity.

  • One treatment by a healthcare provider, which includes an in-person visit within seven days of the first day of incapacity with a continuing regimen of treatment (e.g., prescription medication, physical therapy, etc.).

  • Any period of incapacity related to pregnancy or for prenatal care; a visit to the healthcare provider is not necessary for each absence.

  • Any period of incapacity or treatment for a chronic serious health condition that continues over an extended period of time requires periodic visits (at least twice a year) to a healthcare provider and may involve occasional episodes of incapacity; a visit to a healthcare provider is not necessary for each absence.

  • A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective; only supervision by a healthcare provider is required, rather than active treatment.

  • Any absences to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three days if not treated.

 

A “healthcare provider” includes, but is not limited to, the following:

• A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices.

• A podiatrist, dentist, clinical psychologist, optometrist or chiropractor (limited to treatment of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist), authorized to practice in the state and performing within the scope of his/her practice as defined under state law.

• A nurse practitioner or nurse-midwife who is authorized to practice under state law and who is performing within the scope of his/her practice as defined under state law.

For further information, refer to administrative rule GCC/GDC-R.


 

Intermittent leave

 

“Intermittent leave” is leave taken in separate blocks of time due to a single illness or injury, rather than for one continuous period of time and may include leave periods from one hour or more to several weeks. A “reduced schedule leave” is a leave schedule that reduces an employee’s usual number of working hours per workweek or hours per workday.

 

Leave for the birth or placement of a child will not be taken intermittently or on a reduced schedule without the written consent of the superintendent or his/her designee, who will consult with the employee’s immediate supervisor before granting such consent.

 

Leave to care for a seriously ill spouse, son, daughter or parent or for the employee’s own serious health condition, may be taken intermittently or on a reduced schedule only when medically necessary and as approved by the district.

 

If an employee requests intermittent or reduced schedule leave that is foreseeable based on planned medical treatment, the superintendent or his/her designee may require such employee to transfer temporarily to an available alternative position for which the employee is qualified that (1) has equivalent pay and benefits; and (2) better accommodates recurring periods of leave or family and medical leave (for instructional employees, see the section entitled “Rules applicable to periods near the conclusion of an academic term for employees employed principally in an instructional capacity” below), if such position is available. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the district’s operations.


 

Substitution of Paid Leave

 

Employees are required to “substitute” (run concurrently) accrued paid leave (such as sick, PTO, or annual leave) to cover all of the FMLA leave. An employee’s ability to substitute accrued paid leave is determined by the terms and conditions of the district’s normal leave policy. 

Paid vacation leave may be substituted, at the employee’s option, for any qualified unpaid Family and Medical (FMLA) leave without limitation. 

 

 

Forseeable Leave/Notice Required

 

When the necessity for leave for the birth or placement of a child is foreseeable based on an expected birth or placement, the employee must provide at least 30 days notice to his/her immediate supervisor of the anticipated timing and duration of the employee’s leave. The failure to provide such notice with no reasonable excuse for the delay may result in the denial of a request for leave until 30 days after the employee provides notice.

If the date of the birth or placement requires leave to begin in less than 30 days, the employee must provide as much notice as is practicable.

When leave to care for a seriously ill spouse, child or parent or for an employee’s own serious health condition is foreseeable based on planned medical treatment, the employee must do the following:

  • Make a reasonable effort to schedule the treatment so as not to disrupt unduly the school district’s operations, subject to the approval of the healthcare provider.

  • Provide at least 30 days notice to his/her immediate supervisor of the anticipated timing and duration of the employee's leave, except that if the date of treatment requires leave to begin in less than 30 days, the employee must provide as much notice as practicable.

 

Spouses Employed by the District

 

Spouses employed by the district are limited in the amount of Family and Medical (FMLA) leave they may take for the birth and care of a newborn child, placement of a child for adoption or foster care or to care for a parent who has a serious health condition to a combined total of 12 weeks (or 26 weeks if leave to care for a covered service member with a serious injury or illness is used). Leave for birth and care or placement for adoption or foster care, must conclude within 12 months of the birth or placement.

 

 

 

Certification

 

A request for leave to care for a seriously ill spouse, child or parent or for the employee’s own serious health condition must be supported by a certification issued by the healthcare provider of the employee or family member. The district has pre-approved forms available which an employee may use for this purpose. The employee should furnish certification at the time the employee gives notice of the need for leave or within five business days thereafter or, in the case of unforeseen leave, within five business days after the leave commences. The district may request certification at some later date if the district later has reason to question the appropriateness of the leave or its duration. In such a case, the employee must provide the requested certification to the district within 15 calendar days after the district’s request, unless it is not practicable under the particular circumstances to do so.

 

  • The superintendent or his/her designee receives information that casts doubt on the continuing validity of the prior certification.

 

 

 

Restoration to Position

 

Any employee who takes leave for the intended purpose of the leave will be entitled, on return from leave, to be restored to the position of employment held by the employee when the leave commenced or to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment. A restored employee is not entitled to the accrual of any seniority or any right, benefit or position of employment other than that to which the employee would have been entitled had the leave not been taken. As a condition of restoration for an employee who has taken leave due to his/her own serious health condition, the employee must provide a certification from the healthcare provider stating that the employee is able to resume work. An employee on leave must report periodically to his/her immediate supervisor on his/her status and intention to return to work.

 

 

 

Exemption of Certain Highly-Compensated Employees

 

The superintendent or his/her designee may deny restoration to a salaried employee who is among the highest paid 10 percent of district employees under any of the following circumstances:

 

  • Such denial is necessary to prevent substantial and grievous economic injury to the operations of the district.

  • The superintendent or his/her designee notifies the employee of the intent to deny restoration at the time he/she determines such injury would occur.

  • If leave has commenced, the employee decides not to return to work.

 

If the superintendent or his/her designee believes that reinstatement may be denied to a key employee, the superintendent or his/her designee must give written notice to the employee at the time leave is requested that he/she qualifies as a key employee. In addition, the employee must be fully informed of the potential consequences with respect to reinstatement and maintenance of health benefits if it is determined that substantial and grievous economic injury will result from the employee’s reinstatement.

 

As soon as the superintendent or his/her designee determines that such an injury will result from reinstatement, he/she must again notify the employee in writing of this determination and advise the employee that the district cannot deny leave but that it intends to deny restoration to employment on completion of the leave. This notice must be delivered in person or by certified mail. It also must explain the basis for the finding that substantial and grievous economic injury will result and must provide the employee a reasonable time in which to return to work.

 

Once the key employee’s leave has expired, he/she still is entitled to request reinstatement. The superintendent or his/her designee must then determine whether there will be substantial and grievous economic injury from reinstatement based on the facts at that time. If it is determined that such an injury will result, the superintendent or his/her designee will notify the employee in writing of the denial of restoration. This notice must be delivered in person or by certified mail.

 

 

 

Maintenance of Health Benefits

 

During an employee’s leave, the district will maintain coverage under any group health plan at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the leave.

 

The employee must continue to pay his/her portion of all insurance premiums to maintain coverage. If an employee’s premium payment is more than 30 days late, the district may discontinue coverage of the employee under the policy. If coverage lapses because an employee has not made premium payments, upon the employee’s return from leave, the district will restore the employee to coverage and benefits equivalent to those the employee would have had if leave had not been taken and the premium payments had not been missed.

 

The employee will have 30 days to reinstate their coverage. The employee may be required to reinstate coverage to the date lapsed as specified by the SC Public Employee Benefit Authority (PEBA). The employee will be required to pay any past-due insurance premiums.

If the district continues coverage under the policy by paying the employee’s portion of the premiums, the district is entitled to recover all such payments. Further, the district may recover from an employee its share of health plan premiums paid during a period of leave under this policy if the employee fails to return to work at the expiration of the leave, unless the reason for the employee’s failure to return is due to the continuation, recurrence or onset of a serious health condition or other circumstances beyond the employee’s control. If an employee fails to return because of the continuation, recurrence or onset of a serious health condition, the employee must provide a certification of the employee’s or family member’s serious health condition. The district also will not seek recovery for its share of premiums for any portion of paid leave substituted or used by an employee.

 

 

 

Intermittent or Reduced Schedule Leave for Instructional Employees

 

If an eligible employee employed principally in an instructional capacity requests leave to care for a seriously ill spouse, child or parent or for the employee’s own serious health condition, which is foreseeable based on planned medical treatment and the employee would be on leave for greater than 20 percent of the total number of working days in the period during which the leave would extend, the superintendent or his/her designee, in consultation with the school principal, may require that the employee elect either of the following:

  • To take leave for periods of a particular duration, not to exceed the duration of the planned medical treatments.

  • To transfer temporarily to an available alternative position for which the employee is qualified and that has equivalent pay and benefits and which better accommodates recurring periods of leave.

 

Rules applicable to periods near the conclusion of an academic term for employees employed principally in an instructional capacity.

If an eligible employee employed principally in an instructional capacity begins leave more than five weeks prior to the end of an academic semester, the superintendent or his/her designee, in consultation with the school principal, may require the employee to continue taking leave until the end of the semester under the following conditions:

 

  • The leave is of at least three weeks duration.

  • The return would occur during the three-week period before the end of the term.

 

If an eligible employee employed principally in an instructional capacity begins leave for the birth or placement of a child or to care for a seriously ill child, spouse or parent during the period that commences five weeks prior to the end of an academic semester, the superintendent or his/her designee, in consultation with the school principal, may require the employee to remain on leave until the end of the semester under the following circumstances:

 

  • The leave is greater than two weeks.

  • The return to employment would occur during the two-week period before the end of the term.

 

If an employee employed principally in an instructional capacity begins leave for the birth or placement of a child or to care for a seriously ill spouse, child or parent during the period that commences three weeks prior to the end of an academic semester and the duration of the leave is greater than five working days, the superintendent or his/her designee, in consultation with the school principal, may require the employee to continue taking leave until the end of the term.

If the district requires an employee to remain on leave until the end of an academic term and this results in the employee taking more leave than is necessary to resolve the condition which necessitated the leave, the additional leave time required to be taken will not be deducted from the employee’s total available FMLA leave. The employee, however, will continue during this time to be entitled to the maintenance of health benefits and job restoration in accordance with this administrative rule.

 

Military Leave Entitlements

An eligible employee who is a spouse, son, daughter, parent or next of kin of a covered service member with a serious injury or illness is entitled to up to a total of 26 workweeks of unpaid leave during a “single 12-month period” to care for the service member. A covered service member is a current member of the armed forces, including a member of the national guard or reserves, who is undergoing medical treatment, recuperation or therapy; is otherwise in outpatient status; or is otherwise on the temporary disability retired list, for a serious injury or illness.

A serious injury or illness is one that was incurred by a service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of his/her office, grade, rank or rating. The “single 12-month period” for leave to care for a covered service member with a serious injury or illness begins on the first day the employee takes leave for this reason and ends 12 months later, regardless of the 12-month period established by the district for other types of FMLA leave. An eligible employee is limited to a combined total of 26 work weeks for any FMLA-qualifying reason during the “single 12-month period.” (Only 12 of the 26 weeks total may be for a FMLA-qualifying reason other than to care for a covered service member.)

 

Application Procedure

Any time an employee has to be out of work for more than five (5) days due to medical issues for themselves or a qualifying family member including illness, maternity, surgery, a worker’s compensation injury, etc. (whether the days are consecutive or intermittent due to a single illness or injury), Richland Two requires the employee to complete forms to request Family and Medical (FMLA) Leave. You can access these contacting the dedicated benefits representative for your work location.

 

Please send your completed forms to your work location’s designated benefits representative in Human Resources. The fax number is 803.782.6723. Although FMLA leave is unpaid, you can use any accrued sick, personal, annual, or vacation leave during your period of absence in order to be compensated. You will need to enter your absences into MyHR,  the district's electronic application for attendance administration unless your position qualifies for a guest teacher and your absence is entered into Absence Management.

 

Insurance Billing During Leave Without Pay

 

In the event an employee begins leave without pay, Richland Two will bill them for the applicable premiums required to continue their benefits during their unpaid leave. Premiums are due at the beginning of the month in which coverage is in force. For example, premiums for the month of January are due on January 1. When premiums are not received by the due date, benefits will be terminated due to non-payment. If paid within the 30 day grace period, coverage will be reinstated.

Non-Qualified Medical Leave

For those employees that are not eligible for FMLA, he or she may request unpaid leave for the following reasons:

  • For the birth of a son or daughter of the employee

  • For the placement of a child with the employee for adoption or foster care.

  • To care for a spouse, son, daughter or parent of the employee, if such spouse, son, daughter, or parent has a serious health condition.

  • Because of a serious health condition of the employee that renders the employee unable to perform the essential functions of the position.

 

Leave is subject to approval and health benefits may end during your unpaid leave. If applicable, coverage can be continued through COBRA. For more information, please contact Richland Two’s Benefits Department.