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