409 LICENSED EMPLOYEE - VACATION and LEAVES OF ABSENCES

409.1 LICENSED EMPLOYEE VACATION - HOLIDAYS - PERSONAL LEAVE

The board will determine the amount of vacation, holidays, and personal leave that will be allowed on an annual basis for licensed employees.

Full-time exempt employees working 260 days per year and the Superintendent, will have the ability to carry over 5 vacation days each year to be used the following July to June.  Payout of unused vacation days will only be granted upon resignation and will be based on days earned.

It is the responsibility of the superintendent to make a recommendation to the board annually on vacations, holidays, and personal leave for licensed employees.

 

 

 

Legal Reference:          Iowa Code §§ 1C.1-.2; 4.1(34); 20.9

 

Cross Reference:          414.1   Classified Employee Vacations - Holidays - Personal Leave

                                    601.1   School Calendar

 

 

Approved   July 2000                           Reviewed  November 2020    Revised       June 2020       

 

 

409.2 LICENSED EMPLOYEE LEAVES OF ABSENCE

The board will offer the following leave to full-time regular licensed employees:

          • Sick Leave

          • Bereavement Leave

          • Personal Leave

          • Jury Duty Leave

          • Military Leave

          • Political Leave

          • Absence Without Pay Leave

          • Sabatical Leave

The provisions of each leave offering will be detailed in the Employee Handbook.

Leave offered by the district will not be less than what is required by law.

Legal References:

29 USC, 2601 et seq

 

Approved:  July 2020                         Reviewed:     November 2020                                Revised:

 

 

 

 

 

409.2E2 EXPANDED FAMILY AND MEDICAL LEAVE REQUEST FOR UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT

EXPANDED FAMILY AND MEDICAL LEAVE REQUEST FOR UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

Name: _______________________________________

Anticipated Begin Date: _________________________

Expected Return to Work Date: ___________________

Employees may be entitled to expanded family medical leave in accordance with the Families First Coronavirus Response Act (FFCRA) if the employee satisfies eligibility standards.

Reason for Leave

Employees satisfying the standards below are eligible for 12 weeks* of leave. The first two weeks of the leave are unpaid unless the employee selects available options in the next box. The remaining 10 weeks of leave are paid at 2/3 of the employee's regular compensation rate unless other options are selected on this form. Please select the applicable reason and follow the related instructions.

I,                                               , request family and medical leave because I am unable to work or telework because I need to care for my child(ren) under 18 because my child(ren)’s elementary or secondary school, childcare provider, or child’s place of care has been closed or is unavailable due to COVID-19. During this period of unavailability or closure, I represent that no other person will be providing care for my child during the period for which I am receiving expanded family medical leave benefits.

If the age of one or more of the children is between 14 and 18, the following special circumstances exist requiring me to care for the child during daylight hours:                                                                      

Please attach notice or documentation related to the unavailability of the school, daycare, place of care or person providing care to the child. The District reserves the right to request confirmation regarding the nature of the closure or unavailability.

* An employee who qualifies for and utilizes the Emergency Paid Sick Leave provisions of the FFCRA, is entitled to an additional 10 weeks of Emergency FMLA.

Substitution of Paid Leave for the First Ten Days of Expanded Family Medical Leave

In accordance with the FFCRA, the first ten days of expanded family medical leave is unpaid, however you may be eligible to use Emergency Paid Sick Leave provided through the FFCRA to cover this period at 2/3 of full pay. In the event you have already used Emergency Paid Sick Leave, you are permitted to use available District-provided paid leave to cover this period at full pay. Please indicate if you would like to use paid leave during the first 10 days of your absence and how many hours you plan to use. Requested leave is subject to availability based on confirmation by the School District. If requesting Emergency Paid Sick Leave, please complete and submit an “Emergency Paid Sick Leave Request Form.”

___Emergency Sick Leave     ___Sick Leave    ___Personal Leave

 

409.3 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  The annual entitlement to 12 work weeks of leave is measured on a "rolling" basis, which looks backwards to the 12-month period ending on the date an employee uses any FMLA leave.  That is each time an employee takes FMLA leave the remaining leave entitlement would be any balance of the 12 weeks that has not been used during the immediately preceding 12 months.  Requests for family and medical leave will be made to the superintendent.

Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.  Employees eligible for family and medical leave must comply with the family and medical leve administrative rules prior to starting family and medical leave.  It is the responsibility of the superintendent to develop administrative rules to implement this policy.

 

 

Legal Reference:          Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).

                                    29 U.S.C. §§ 2601 et seq.

                                    29 C.F.R. Pt. 825

                                    Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40

                                    1980 Op. Att'y Gen. 605.

                                    1972 Op. Att'y Gen. 177, 353.

                                    1952 Op. Att'y Gen. 91.

Cross Reference:          403.2   Employee Injury on the Job

                                    409.3   Licensed Employee Family and Medical Leave

                                    409.8   Licensed Employee Unpaid Leave

 

 

Approved   July 2000               Reviewed  July 2016        Revised   November 2020                 

409.3E1 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

YOUR RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993

 

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:

  •  For incapacity due to pregnancy, prenatal medical care or child birth;
  • To care for the employee’s child after birth, or placement for adoption or foster care;
  • 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. 

 

 

Military Family Leave Entitlements     

Eligible employees with a spouse, son, daughter, 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 leave 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 a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember 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 servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

 

Benefits and Protection                                       

During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

 

Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

Job Eligibility Requirements                               

Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.

 

Definition of Serious Health Condition

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 the employee’s 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 pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

 

Use of Leave                                                  

An employee does not need to use this leave entitlement in one block. Leave can 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 employer’s operations. Leave due to qualifying exigencies may also be taken.

 

Substitution of Paid Leave for Unpaid Leave                                                                              

Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies.

 

Employee Responsibilities                                                         

Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.

 

Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

 

Employer Responsibilities

Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility.


Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.

 

Unlawful Acts by Employers

FMLA makes it unlawful for any employer to:

•   Interfere with, restrain, or deny the exercise of any right provided under FMLA;

•   Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

 

Enforcement                                                              

An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.

 

FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

 

NOTE:  FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice.  Regulations 29 C.F.R. § 825.300(a) may require additional disclosures.

 

If you have access to the Internet visit FLMA’s website:  http://www.dol.gov/esa/whd/fmla

 

To locate your nearest Wage-Hour Office, phone our toll-free information at 1-866-487-9243 or to the Web site at:  http://www.wagehour.dol.gov.  

 

For a listing of records that must be kept by employers to comply with FMLA visit the U.S. Dept. of Labor’s website: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.500.htm    

 

 

US Dept. of Labor – Revised July, 2009

 

409.3E2 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

 

 

Date:                                 

 

I,                                                                                                                    , request family and medical leave for the following reason: 

 

(check all that apply)

                           for the birth of my child;

                           for the placement of a child for adoption or foster care;

                           to care for my child who has a serious health condition;

                           to care for my parent who has a serious health condition;

                           to care for my spouse who has a serious health condition; or

                           because I am seriously ill and unable to perform the essential functions of my position.

         ___            because of a qualifying exigency arising out of the fact that my ___spouse; ___ son or daughter; ___parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.

         ___            because I am the ___ spouse; ___ son or daughter; ___ parent;       ___next of kin of a covered service member with a serious injury or illness.

 

I acknowledge my obligation to provide medical certification of my serious health condition or that of a family member in order to be eligible for family and medical leave within 15 days of the request for certification. 

 

I acknowledge receipt of information regarding my obligations under the family and medical leave policy of the school district.

 

I request that my family and medical leave begin on                                      and I request leave as follows: (check one)

                           continuous

                           I anticipate that I will be able to return to work on                 .

 

                           intermittent leave for the:

                                       birth of my child or adoption or foster care placement subject to agreement by the district;

                                       serious health condition of myself, parent, or child when medically necessary;

                           ____    because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.

                 ___      because I am the ___ spouse; ___ son or daughter; ___ parent; ___next of kin of a covered service member with a serious injury or illness.

 

Details of the needed intermittent leave:

 

 

 

 

                           I anticipate returning to work at my regular schedule on 

 

                        reduced work schedule for the:

                                                  birth of my child or adoption or foster care placement subject to agreement by the district;

                                        _        serious health condition of myself, parent, or child when medically necessary;

                        ____    because of a qualifying exigency arising out of the fact that my ___spouse; ___ son or daughter; ___parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.

                        ____    because I am the ___ spouse; ___ son or daughter; ___ parent; ___next of kin of a covered service member with a serious injury or illness.

 

 

Details of needed reduction in work schedule as follows:

 

 

 

 

                        I anticipate returning to work at my regular schedule on                                  .

 

I realize I may be moved to an alternative position during the period of the family and medical intermittent or reduced work schedule leave.  I also realize that with foreseeable intermittent or reduced work schedule leave, subject to the requirements of my health care provider, I may be required to schedule the leave to minimize interruptions to school district operations.

 

While on family and medical leave, I agree to pay my regular contributions to employer sponsored benefit plans.  My contributions will be deducted from moneys owed me during the leave period.  If no monies are owed me, I will reimburse the school district by personal check or cash for my contributions.  I understand that I may be dropped from the employer-sponsored benefit plans for failure to pay my contribution. 

 

I agree to reimburse the school district for any payment of my contributions with deductions from future monies owed to me or the school district may seek reimbursement of payments of my contributions in court. 

 

 

I acknowledge that the above information is true to the best of my knowledge.

 

Signed

 

 

 

Date

 

 

If the employee requesting leave is unable to meet the above criteria, the employee is not eligible for family and medical leave.  

UPLOAD FORM

409.3E3 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM

 

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM

 

1.       Employee’s Name                                                                                                                    

 

2.       Patient’s Name (if different from employee)                                                                            

 

3.       The attached sheet describes what is meant by a “serious health condition” under the Family and Medical           Leave Act. Does the patient’s condition, for which the employee is taking FMLA leave, qualify under any           of the categories described? If so, please circle the applicable category.

 

              (1)                          (2)                       (3)                         (4)                        (5)                       (6)

                Or None of the above

 

4.       Describe the medical facts which support your certification, including a brief statement as to how the           medical facts meet the criteria of one of these categories:

 

 

 

 

 

5.       a.   State the approximate date the condition commenced, and the probable duration of the condition (and                 also the probable duration of the patient’s present incapacity, i.e. inability to work, attend school or                 perform other regular activities due to the serious health condition, treatment therefore, or recovery                 there from, if different):

 

 

 

          b.   Will it be necessary for the employee to take work only intermittently or to work on a less than full                 schedule as a result of the condition (including for treatment described in Item 6 below)?

 

         

 

                If yes, give the probable duration:

 

 

          c.   If the condition is a chronic condition (condition #4) or pregnancy, state whether the patient is                     presently incapacitated and the likely duration and frequency of episodes of incapacity:

 

 

 

6.       a.   If additional treatments will be required for the condition, provide an estimate of the probable number                 of such treatments:

 

 

                If the patient will be absent from work or other daily activities because of treatment on an intermittent                 or part-time basis, also provide an estimate of the probable number of and interval between such                 treatments, actual or estimated dates of treatment if known, and period required for recovery if any:

 

               

          b.   If any of these treatments will be provided by another provider of health services (e.g., physical           therapist), please state the nature of the treatments:

 

 

 

          c.   If a regimen of continuing treatment by the patient is required under your supervision, provide a           general description of such regimen (e.g. prescription drugs, physical therapy requiring special                     equipment):

 

 

7.       a.   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), is the employee unable to                 perform work of any kids?

 

 

 

          b.   If able to perform some work, is the employee unable to perform any one or more of the essential                 functions of the employee’s job (the employee or the employer should supply you with information                 about the essential job functions)?

 

                If yes, please lest the essential functions the employee is unable to perform.

 

 

          c.   If neither, a. nor b. applies, is it necessary for the employee to be absent from work for treatment?

 

 

8.       a.   If leave is required to care for a family member of the employee with a serious health condition, does                 the patient require assistance for basic medical or personal needs or safety, or for transportation?

 

 

          b.   If no, would the employee’s presence to provide psychological comfort be beneficial to the patient or                 assist in the patient’s recovery?

 

 

          c.   If the patient will need care only intermittently or on a part-time basis, please indicate the probable                 duration of this need:

 

 

         

                                                                                                                                                           

Signature of Health Care Provider                                                                               Type of Practice

 

 

                                                                                                                                                           

 

Address                                                                                                                       Telephone Number

To be completed by the employee needing family leave to care for a family member.

 

State the care you will provide and an estimate of the period during which care will be provided, including a schedule if leave is to be taken intermittently or if it will be necessary for you to work less than a full schedule:

 

 

 

 

                                                                                                                                                           

Employee Signature                                                                                                    Date

A serious health condition means an illness, injury impairment, or physical or mental condition that involves one of the following:

 

1.       Hospital Care – Inpatient care (i.e. an overnight stay) in a hospital, hospice, or residential medical care           facility, including any period of incapacity or subsequent treatment in connection with or consequent to           such inpatient care.

 

2.       Absence Plus Treatment – A period of incapacity of more than three consecutive calendar days (including           any subsequent treatment or period of incapacity relating to the same condition), that also involves:

          a.   treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct                 supervision of a health care provider or by a provider of health care services (e.g. physical therapist)                 under the orders of, or on referral by, a health care provider; or

          b.   treatment by a health care provider on at least one occasion which results in a regimen of  continuing                 treatment under the supervision of the health care provider.

 

3.       Pregnancy – Any period of incapacity due to pregnancy or for prenatal care.

 

4.       Chronic Conditions Requiring Treatments – A chronic condition which:

          a.   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;

          b.   continues over an extended period of time (including recurring episodes of a single underlying               condition); and

          c.   may cause episodic rather than a period of incapacity (e.g. asthma, diabetes, epilepsy, etc.)

 

5.       Permanent/Long-term Conditions Requiring Supervision – A period of incapacity which is permanent or           long-term due to a condition for which treatment may not be effective. The employee or family member           must be under the continuing supervision of, but need not be receiving active treatment by a health care           provider. Examples include Alzheimer’s, a severe stroke, or the terminal stages of a disease.

 

 

6.       Multiple Treatments (Non-chronic Conditions) – Any period of absence to receive multiple treatments           (including any period of recovery therefrom) by a health care provider or by a provider of health care           services under orders of, or on referral by, a health care provider, either for restorative surgery after an           accident or other injury, or for a condition that would likely result in a period of incapacity of more than           three consecutive calendar days in the absence of medical intervention or treatment such as cancer           (chemotherapy), radiation, etc.), severe arthritis (physical therapy) and kidney disease (dialysis).

UPLOAD FORM

409.3E4 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM

Complete this work sheet upon receiving a request for family and medical leave that may qualify under the Family Medical Leave Act. Be sure to note the requirements relating to family and medical leave in the school district’s policy/collective bargaining agreement prior to relying on this work sheet as the sole source of the school district’s obligations. Also be sure to note the definitions in Regulation 409.3R2.

 

Section I: Eligible Employee.  (Please check all that apply.)

 

                Covered by a policy/collective bargaining agreement. (If checked , please move to Section II.)

 

                The employee must meet all criteria below to move to Section II.

 

                       50 or more employees are on the payroll of or under contract to the school district.

               

                       Worked 52 weeks in the school district (consecutive or nonconsecutive). OR

               

                       Worked 12 months in the school district (consecutive or nonconsecutive).

               

                       Worked 1250 hours for the school district in 12 months prior to the request. Full-time                                    professional employees who are exempt from the wage and hour law may be presumed to have                         worked the minimum hours required.

 

Section II: Family and Medical Leave Purpose. (One must be checked to move to Section III.)

 

                Birth and care of newborn prior to first anniversary of child’s birth.

 

                Care of adopted child or foster care child prior to first anniversary of placement.

 

                Care for serious health conditions of spouse, child, child for which employee is “in loco parentis” and                 for any of these if they are over eighteen and have a disability which prevents the child from caring                 for himself or herself.

 

                       Requested medical certification for family and medical leave due to a serious health condition of                       the spouse, parent or child on (date)                                .

 

                       Received medical certification within 15 days of the request on (date)                                              .

 

                       Serious health condition of the employee.

 

                       Requested medical certification for family and medical leave due to a serious health condition of                       the employee on (date)                                                    .

 

                       Received medical certification within 15 days of the request on (date)                                              .

 

                Other purposes contained in a policy/collective bargaining agreement.

 

Section III: Timing of Family and Medical Leave Request.

 

                Date of family and medical leave request (date)                                                                  .

 

                Date family and medical leave to begin (date)                                                                     .

 

                Provide FMLA leave information to employee at time of request (date)                              .

 

(If one is checked, please move to Section IV.)

 

                Leave request for foreseeable family and medical leave is 30 days prior to date family and medical                 leave begins.

 

                Leave request for foreseeable family and medical leave is in compliance with policy/collective              bargaining agreement.

 

                Leave request for foreseeable family and medical leave was made as soon as practicable, and no later                 than one business day, prior to date family and medical leave begins.

 

Section IV: Calculation of Available Family and Medical Leave

 

Beginning date for 12-month entitlement period:

 

                       Collective bargaining agreement year

 

Total family and medical leave for the 12-month entitlement period                           12 weeks        

Leave taken to date in the entitlement period                                                                                      

Leave available for the entitlement period                                                                                          

 

If sufficient family and medical leave is available and the employee qualifies for family and medical leave, the family and medical leave will be granted in accordance with the policy/ collective bargaining agreement.

 

The employee must be informed that the actual family and medical leave taken will be credited to the employee’s 12-week entitlement.

 

If both spouses are employed by the school district, they may only take a combined total of 12 weeks during the entitlement period for the birth, adoption of foster care placement prior to the first anniversary of the child’s birth or placement and for the care of a parent with a serious health condition.

 

If insufficient family and medical leave is available, the school district may award only the family and medical leave available or award the family and medical leave in accordance with other provisions of the policy/collective bargaining agreement.

 

Section V: Types of Family and Medical Leave. (Please check all that apply.)

 

                Continuous leave for purposes listed in Section II.

 

                Intermittent leave for birth, adoption or foster care placement prior to first anniversary of child’s birth                 or placement with school district approval in accordance with other provisions of the                                    policy/collective bargaining agreement.

 

                Reduced work schedule leave for birth, adoption or foster care placement prior to first anniversary of                 child’s birth or placement with school district approval in accordance with other provisions of the                 policy/collective bargaining agreement.

 

                Intermittent leave if medically necessary for serious health condition of employee or family member                 and arranged as much as possible to not disrupt the school district’s operation.

 

                Reduced work schedule leave if medically necessary for serious health condition of employee or                 family member and arranged as much as possible to not disrupt the school district’s operation.

 

                Others contained in a policy/collective bargaining agreement. (Please specify.)

                                                                                                                                                           

 

Section VI: Instructional Employee Intermittent or Reduced Schedule Leave.

 

                A policy/collective bargaining agreement extends this rule to non-instructional employees.

 

                A policy/collective bargaining agreement eliminates this rule for instructional employees.

 

                Instructional employees’ intermittent or reduced schedule leave for greater than 20 percent of the                 work days in the family and medical leave period.

 

                Total number days during leave period.                                                                              

                                                                                                                             X    .20                  

                20 percent of leave days                                                                                                     

                Days of leave requested                                                                                                     

 

If the number of days requested exceeds 20 percent of the family and medical leave days, the school district may require the instructional employee to take family and medical leave for the entire leave period OR transfer the instructional employee to an alternate position with equivalent pay and benefits. The employee must be informed that the actual family and medical leave taken will be credited to the employee’s 12-week entitlement.

 

Section VII: Instructional Employees Family and Medical Leave Special Rules.

 

                Instructional employee.

 

                A policy/collective bargaining agreement extends one or all of these rules to non instructional                      employees.

 

                A policy/collective bargaining agreement eliminates one of all of these rules for instructional                        employees.

 

                The school district can require the employee to remain on family and medical leave until end of the                 semester if each of the following apply:

 

                      Leave begins prior to five weeks before end of semester;

                      Leave is for three weeks or more; and

                      Employee will return during last three weeks of semester.

 

                Last work day of the semester                                                                    

                Date of fifth week before end of the semester                                           

                Date of third week before end of the semester                                           

               

                Date of requested leave                                                                              

                Length of requested leave                                                                           

                Date of return from leave                                                                           

 

                The school district can require employee to remain on family and medical leave for leave other than                 an employee’s serious health condition until end of semester if each of the following apply:

 

                       Leave begins during last five weeks before end of semester;

                      Leave is greater than two weeks; and

                       Employee will return during last two weeks of semester.

 

                Last work day of the semester                                                                    

                Date of fifth week before end of the semester                                           

                Date of second week before end of the semester                                       

 

                Date of requested leave                                                                              

                Length of requested leave                                                                           

                Date of return from leave                                                                           

 

                The school district can require the employee to remain on family and medical leave for purpose other                 than an employee’s serious health condition until the end of the semester if each of the following                 apply:

 

                      Leave begins during last three weeks before end of the semester; and

                      Leave is greater than five working days.

 

                Last work day of the semester                                                                    

                Date of third week before end of the semester                                           

               

                Date of requested leave                                                                              

                Length of requested leave                                                                           

 

The employee must be informed that the actual family and medical leave taken under these rules will be credited to the employee’s 12-week entitlement.

 

Section VIII: Paid or Unpaid Family and Medical Leave.

 

                Provide employee notice whether the family and medical leave is paid or unpaid leave after                         completing the work sheet in accordance with the policy/collective bargaining agreement.

 

                Policy/collective bargaining agreement allows substitution of paid leave for family and medical leave.

 

                Family and medical leave is unpaid leave.

 

Section IX: Employee Progress Report.

 

                Arrangements are made with the employee to report to the school district on a regular basis during the family and medical leave (please specify).

                                                                                                                                                           

 

                Requested medical recertification for family and medical leave due to a serious health condition of                 the spouse, parent or child on  (date)                                                                                   .

 

                Received medical recertification within 15 days of the request on (date)                                       

 

Section X: Employee Benefits During Family and Medical Leave.

 

The employee’s health insurance coverage must be continued during the period of family and medical leave. The school district may choose to continue other employee benefits to ensure their restoration along with the health insurance upon the employee’s return to work. The employees will pay the employee’s share of health insurance and other benefits during the leave period.

 

                Arrangements have been made with the employee to continue the employee’s share of health                       insurance premiums while on family and medical leave:

 

                       From monies due to the employee

                       By the first of each month from the employee

                       Other (please specify)                                                                                                  

 

                Arrangements have been made with the employee to continue the employee’s share of the employee’s                 other benefits while on family and medical leave:

 

                       From monies due to the employee

                       By the first of each month from the employee

                       Other (please specify)                                                                                                  

 

                The employee has chosen to discontinue all employee benefits while on family and medical leave.

 

                Employees who fail to provide payment of the employee’s share of benefits premium during the                 period of family and medical leave have 15 days following notice to pay the employee’s share.

 

                Employees who fail to pay within 15 days after receiving notice of payment due may have                          employment benefits discontinued.

 

                The school district will deduct unpaid employee portion of benefits from monies due to the employee                 upon return to work, and the employee has signed a written statement authorizing the deduction.

 

                The school district will seek recovery of unpaid employee portion of benefits through small claims                 court or other appropriate recovery process.

 

Even if the employee chooses to discontinue employee benefits during the period of family and medical leave, the school districts should exercise great care before discontinuing employee benefits. The school district is required to restore the employee to full benefits when the employee returns to work, including group health insurance, without any qualifying period, physical examination, exclusion of pre-existing conditions and other similar requirements.

 

                The school district may discontinue the employee’s benefits upon receipt of written notice of the                 employee’s intent not to return to work.

 

Section XI: Key Employees.

 

                Salaried employees among the highest paid ten percent of a school district’s employees are                          considered key employees of the school district.

 

                Year-to-date earnings for employee                                                                                    

                Total weeks of work and paid leave                                                                                   

                Highest pay for employee                                                                                                   

 

                Provide notice to key employees stating they are a key employee and they may not be reinstated at                 end of the family and medical leave period of substantial and grievous economic injury exists.

 

                Compile data to justify substantial and grievous economic injury. Substantial and grievous economic                 injury does not include minor inconvenience and costs typical to the normal operation of the school                 district.

 

                The key employee is entitled to benefits during the family and medical leave in the same manner as                 other employees.

 

Section XII: Employee’s Return to Work

 

                Employee is fully restored the same or an equivalent position with:

 

                       Pay and benefits

                       Health insurance

                       Life insurance

                       Other benefits or requirements in a policy/collective bargaining agreement

UPLOAD FORM

409.3R1 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REGULATION

A.      School district notice.

 

          1.   The school district will post the notice in Exhibit 409.3E1 regarding family and medical leave.

 

          2.   Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually.  The information will be in the employee handbook.

 

          3.   When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements.  Such information will include:

 

                a.   a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement or 26 week entitlement depending on the purpose of the leave;

                b.   a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so or proof of call to active duty in the case of military family and medical leave;

                c.   an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and

                d.   a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.

 

B.       Eligible employees.  Employees are eligible for family and medical leave if three criteria are met.

 

                1.   The school district has more than 50 employees on the payroll at the time leave is requested;

 

                2.   The employee has worked for the school district for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and,

 

                3.    The employee has worked at least 1,250 hours within the previous year.  Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.

 

If the employee requesting leave is unable to meet the above criteria, the employee is not eligible for family and medical leave. 

         

C.             Employee requesting leave -- two types of leave.

 

        1.     Foreseeable family and medical leave.

 

                a.     Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.

                b.     Employee must give at least thirty days notice for foreseeable leave.  Failure to give the notice may result in the leave beginning thirty days after notice was received.  For those taking leave due to military family and medical leave, notice should be given as soon as possible.

                c.     Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district.  The scheduling is subject to the approval of the health care provider.

               

        2.     Unforeseeable family and medical leave.

 

                a.     Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.

                b.     Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.

                c.     A spouse or family member may give the notice if the employee is unable to personally give notice.

 

D.    Eligible family and medical leave determination.  The school district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.

 

        1.     Six purposes.

 

                a.     The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;

                b.     The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;

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

                d.     Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.

                 e.     because of a qualifying exigency arising out of the fact that an employee’s ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.

                f.     because the employee is the spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.

       2.     Medical certification. 

 

                a.     When required:

                        (1)    Employees shall be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job.

                        (2)    Employees shall be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.

                        (3)    Employees shall be required to present certification of the call to active duty when taking military family and medical leave.

                b.     Employee's medical certification responsibilities:

                        (1)    The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.

                        (2)    The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the school district has reason to doubt the validity of the certification an employee submits.  The second health care provider cannot, however, be employed by the school district on a regular basis.

                        (3)    If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the serious health condition.  This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district.  This certification or lack of certification is binding upon both the employee and the school district.

                c.     Medical certification will be required fifteen days after family and medical leave begins unless it is impracticable to do so.  The school district may request recertification every thirty days.  Recertification must be submitted within fifteen days of the school district's request.

                d.     Employees taking military caregiver family and medical leave to care for a family service member cannot be required to obtain a second opinion or to provide recertification.

               

 

Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification will be denied until such certification is provided.

 

E.             Entitlement.

 

        1.     Employees are entitled to twelve weeks unpaid family and medical leave per year.   Employees taking military caregiver family and medical leave to care for a family service member are entitled to 26 weeks of unpaid family and medical leave but only in a single 12 month period.

 

       2.      Year is defined as collective bargaining agreement contract year.

               

        3.     If insufficient leave is available, the school district may:

                a.     Deny the leave if entitlement is exhausted

                b.     Award leave available

               

F.     Type of Leave Requested.

 

        1.     Continuous - employee will not report to work for set number of days or weeks.

       

        2.     Intermittent - employee requests family and medical leave for separate periods of time.

                a.     Intermittent leave is available for:

                                       birth of my child or adoption or foster care placement subject to agreement by the district;

                                       serious health condition of myself, parent, or child when medically necessary;

                           ____    because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves;

                           ___      because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.

                b.     In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.

                c.     During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits.  (For instructional employees, see G below.)

 

        3.     Reduced work schedule - employee requests a reduction in the employee's regular work schedule.

a.     Reduced work schedule family and medical leave is available for:

             birth of my child or adoption or foster care placement subject to agreement by the district;

             serious health condition of myself, parent, or child when medically necessary;

­­­____     because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves;

  ___      because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.

 

                b.     In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.

                c.     During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and benefits.  (For instructional employees, see G below.)

 

G.    Special Rules for Instructional Employees.

 

        1.     Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting.  This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.

 

        2.     Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent of the work days in the leave period may be required to:

                a.     Take leave for the entire period or periods of the planned medical treatment; or,

                b.     Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.

 

        3.     Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester.  The number of weeks remaining before the end of a semester does not include scheduled school breaks, such as summer, winter or spring break.

 

                a.     If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.

                b.     If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.

                c.     If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.

 

4.      The entire period of leave taken under the special rules is credited as family and medical leave.  The school district will continue to fulfill the school district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.

 

H.        Employee responsibilities while on family and medical leave.

 

        1.     Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.

 

        2.     The employee contribution payments will be deducted from any money owed to the employee or the employee will reimburse the school district at a time set by the superintendent.

 

        3.     An employee who fails to make the health care contribution payments within thirty days after they are due will be notified that their coverage may be canceled if payment is not received within an additional 15 days.

 

        4.     An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request. 

 

        5.     The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.

 

        6.     If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return.  The school district will cease benefits upon receipt of this notification.

 

I.      Use of paid leave for family and medical leave.

 

       

            An employee may substitute unpaid family and medical leave with appropriate paid leave available to the             employee under board policy, individual contracts or the collective bargaining agreement.  Paid leave             includes, but is not limited to, sick leave, family illness leave, vacation, personal leave, bereavement leave    and professional leave.  When the school district determines that paid leave is being taken for an FMLA             reason, the school district will notify the employee within two business days that the paid leave will be             counted as FMLA leave.

409.3R2 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

Active Duty - duty under a call or order to active duty under a provision of law referring to in section 101(a)(13) of title 10, U.S. Code.

 

Common Law Marriage - according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife.  There is no time factor that needs to be met in order for there to be a common law marriage.

 

Contingency Operation - has the same meaning given such term in section 101(a)(13) of title 10, U.S. Code.

 

Continuing Treatment - a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

              A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:

--     treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or

--     treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a the health care provider.

              Any period of incapacity due to pregnancy or for prenatal care.

              Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:

--      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;

--      Continues over an extended period of time (including recurring episodes of a single underlying condition); and

--      May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

              Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.

              Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

 

Covered Servicemember - 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. 
 
Eligible Employee - the district has more than 50 employees on the payroll at the time leave is requested.  The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.

 

 

 

Essential Functions of the Job - those functions which are fundamental to the performance of the job.  It does not include marginal functions.

 

Employment Benefits - all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."

 

Family Member - individuals who meet the definition of son, daughter, spouse or parent.

 

Group Health Plan - any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.

 

Health Care Provider-

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

    Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting 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 their practice as defined under state law; and

    Nurse practitioners and nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and

    Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts;

    Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;

    A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.

 

In Loco Parentis - individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.

 

Incapable of Self-Care - that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or "ADLs."  Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

 

Instructional Employee - an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired.  The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.

 

Intermittent Leave - leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.

 

Medically Necessary - certification for medical necessity is the same as certification for serious health condition.

 

"Needed to Care For" - the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care.  For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment.  It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.

 

Next of Kin - an individual's nearest blood relative

 

Outpatient Status - the status of a member of the Armed Forces assigned to –
·               either a military medical treatment facility as an outpatient; or, 
·               a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

 

Parent - a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child.  Parent does not include parent-in-law.

 

Physical or Mental Disability - a physical or mental impairment that substantially limits one or more of the major life activities of an individual.

 

Reduced Leave Schedule - a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

 

Serious Health Condition -

       An illness, injury, impairment, or physical or mental condition that involves:

·               Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or

·               Continuing treatment by a health care provider.  A serious health condition involving continuing treatment by a health care provider includes:

--     A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:

--    Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or

--    Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

--       Any period of incapacity due to pregnancy or for prenatal care.

--       Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. 

 

       A chronic serious health condition is one which:

--    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;

--    Continues over an extended period of time (including recurring episodes of s single underlying condition); and,

--    May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

--       A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's a severe stroke or the terminal stages of a disease.

--       Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

      Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.

      Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.

      Substance abuse may be a serious health condition if the conditions of this section are met.  However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider.  On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.

      Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days.  For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level.  An employee who is pregnant may be unable to report to work because of severe morning sickness.

 

 

Serious Injury or Illness - an injury or illness incurred by a member of the Armed forces, including the National Guard or Reserves in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.

 

Son or daughter - a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis.  The child must be under age 18 or, if over 18, incapable of self-care because of a mental or physical disability.

 

Spouse - a husband or wife recognized by Iowa law including common law marriages.