FMLA Leave

FAMILY AND MEDICAL LEAVE ACT (FMLA)

Trinity School provides FMLA leave to eligible employees in compliance with the Family and Medical Leave Act as amended January 16, 2009.

To qualify for FMLA leave, employees must have worked for Trinity School for at least 12 months (not necessarily consecutive) and for at least 1,250 hours within the last 12 months.

Basic Leave Entitlement

Eligible employees may take up to 12 weeks of unpaid, job-protected leave for the following reasons:

·     For incapacity due to pregnancy, prenatal medical care or childbirth.

·     To care for the employee’s child after birth, or placement for adoption or foster care.

·     To care for the employee’s spouse, child, or parent who has a serious health condition.

·     For a serious health condition that renders the employee unable to perform their job.

·     To care for a covered service member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform their duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of their job or prevents the qualified family member from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

For Basic Leave Entitlement, the term spouse means a husband or wife. Child means a biological, adopted, or foster child, a stepchild, a legal ward, or a child being raised by the employee. The child must be either under 18 years of age, or 18 years of age or older and incapable of self-care because of a mental or physical disability. The term parent means biological parent, or non–biological parent who had primary responsibility for raising the employee; this term does not include parents-in-law.

Military Leave 

Eligible employees with a spouse, child, or parent on active-duty or call-to-active-duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA also includes special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform their duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is on outpatient status; or is on the temporary disability retired list.

For Military Leave Entitlement, the term spouse means a husband or wife. Child means a biological, adopted, or foster child, a stepchild, a legal ward, or a child being raised by the employee. The child may be of any age. The term parent means biological parent, or non–biological parent who had primary responsibility for raising the employee; this term does not include parents-in-law.

Trinity School requires certification of the need for Military Exigency Leave and Military Caregiver Leave. Employees requesting such leave must provide certification within 15 days, absent unusual circumstances. Failure to do so may result in delay or denial of FMLA leave.

   Substitution of Paid Military Leave

Employees who are members of a military reserve unit or enlisted in military service for the United States will be granted leave and paid the difference between employee’s base pay and military pay during a military leave for up to 10 business days.

Employees should submit a written request for leave, which will be placed in their personnel file. Returning military leave personnel will be re-employed according to the guidelines of the federal Uniformed Services Employment and Re-Employment Rights Act (USERRA) and any other applicable state or federal law.

If an employee is a voluntary member of a military reserve unit, they should give written notice to their supervisor well in advance of their required attendance at a two-week summer reserve training camp.

Amount of FMLA Leave and Leave Period

 Eligible employees may take up to 12 weeks of FMLA leave during a “rolling backward” leave year, defined as the 12-month period measured backward from the date an employee uses any leave under this policy. Employees are entitled to up to 26 weeks of leave in a 12-month period measured forward for Military Leave Entitlement.

Note:  Spouses working for Trinity School may only take a combined total of 12 weeks for the birth or adoption of a child, for the placement of a child into foster care, or to care for a parent with a serious medical condition; or a combined total of 26 weeks to take leave to care for a covered service member.

All Workers’ Compensation leaves of absence that also qualify under the FMLA will count against the employee’s 12-week FMLA leave entitlement. Additional leave may be permitted for employees injured at work.

Employees' FMLA  Responsibilities

Employees must provide 30 days’ advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ advance notice is not possible, the employees must provide notice as soon as practical. The employee should notify the school’s Human Resources representative.

Employees must provide sufficient information for the school to determine the anticipated timing and duration of the leave and whether the leave qualifies for FMLA protection. Sufficient information may include the employee’s inability to perform job functions; the family member’s inability to perform daily activities; the need for hospitalization or continuing treatment by a health care provider; and/or circumstances supporting the need for military family leave. Employees must also inform the school if the requested leave is for a reason for which FMLA leave was previously taken or certified.

Notice of Eligibility

The school will inform an employee requesting FMLA leave whether the employee is eligible under the FMLA. If the employee is eligible, the notice to the employee will specify additional employee rights and responsibilities. In addition, Trinity School will inform the employee if the leave will be designated as FMLA-protected and will specify the amount of leave counted against the employee’s leave entitlement. If the employee is not eligible, Trinity School will notify the employee that the leave is not FMLA-protected and provide a reason for the ineligibility.

Medical Certification

For leave for medical reasons, medical certification by the employee's health care provider must be obtained and submitted within 15 calendar days of an FMLA request. Leave may be denied if the certification is not submitted in a timely fashion, is incomplete, or is insufficient. If the certification is received in a timely manner but is incomplete, the employee will be advised of the information needed and given 7 days to provide the required information to enable Trinity School to make a decision. Leave may be denied if the employee does not provide this information. The school may request a second medical opinion and designate the health care provider if the certification is questionable. If the first and second medical opinions differ, we may require a third opinion, which will be final. Any required second and third opinion expenses will be paid by the school.

Medical recertification may be requested every 30 days unless the original certification was for a longer period or circumstances have changed significantly. In all cases, the school may request a recertification of a medical condition every six months in connection with an absence by the employee. Recertification may be requested under other circumstances as specified in FMLA regulations.

Upon return, the employee must submit a medical certification of their ability to return to work. Trinity School may deny work to personnel failing to provide valid fitness-for-duty certificates. Employees taking FMLA leave must contact their supervisor and the Human Resources representative every 30 days. The employee is required to affirm their intention to return to work.

Intermittent FMLA Leave

Leave may be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the school’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.

Employees requiring intermittent or reduced leave for future medical treatment for their own or a family member’s serious health condition may be temporarily reassigned during the leave period to a position with the same pay and benefits that better accommodates a reduced or intermittent schedule.

Special Provisions for End-of-Semester FMLA Leaves for Faculty

Due to the need to provide continuity of instruction in the classroom, the school may regulate a faculty member’s return to the classroom in certain circumstances, as allowable under federal FMLA law. These circumstances and provisions include the following:

• When an instructional employee begins leave more than five weeks before the end of a term, the school may require the employee to continue taking leave until the end of the term if

-  The leave will last at least three weeks, and

-  The employee would return to work during the three-week period before the end of the term.

• When an instructional employee begins leave for a purpose other than the employee's own serious health condition during the five-week period before the end of a term, the school may require the employee to continue taking leave until the end of the term if

-  The leave will last more than two weeks, and

-  The employee would return to work during the two-week period before the end of the term.

• When an instructional employee begins leave for a purpose other than the employee's own serious health condition during the three-week period before the end of a term, and the leave will last more than five working days, the school may require the employee to continue taking leave until the end of the term.

Substitution of Paid Leave for Unpaid Leave

Employees may choose or employers may require the use of accrued paid leave while taking FMLA leave. Accordingly, Trinity requires employees to use any accrued personal time off and sick days during an unpaid FMLA leave taken because of the employees’ own serious health condition or the serious health condition of a family member or to care for a seriously ill or injured family member in the military. In addition, employees must use any accrued personal time off, sick time, and paid parental leave during FMLA leave taken to care for a newborn or newly placed child for adoption. In order to use paid leave for FMLA leave, employees must comply with the Trinity’s normal paid leave procedures found in its personal time off and extended leave policies.

FMLA Job Reinstatement

Leave requests must include the anticipated starting date and duration of the leave. It is the employee’s responsibility to report to work at the end of the approved leave. An employee who fails to report to work on the day after the approved leave or approved extension expires will be considered to have resigned employment. Employees requesting an extension must do so prior to the expiration of the current approved leave.

Employees granted leave are guaranteed reinstatement to the same or an equivalent job position at the end of the leave, unless the job ceases to exist for legitimate business reasons, subject to any other considerations allowed under the law.  In the event that a reduction in workforce or other reorganization has taken place while the employee was on leave, and the employee’s position has been eliminated and a comparable position for which the employee is qualified is unavailable, the employee will be terminated upon the end of the approved leave period.

Health Insurance Coverage during FMLA Leave

During an FMLA leave, employees will continue to be eligible for health coverage as if they had remained employed, provided they pay the required employee contribution, if any. The school will continue to pay for the school’s portion of any applicable insurance premiums.