Consistent with the federal Family and Medical Leave Act of 1993, the Board of Education recognizes the rights of eligible employees to unpaid family and medical leave for up to twelve weeks during any twelve month period. The Board shall ensure that all eligible employees who use such leave shall have their health benefits continued during the leave, shall not have any previously accrued benefits altered and shall be returned to an equivalent position according to established district practices and collective bargaining agreements.
To be eligible, an employee must have worked for the North Colonie School District for at least twelve (12) months and have worked at least one thousand two hundred fifty (1,250) hours during the prior twelve month period.
Family leave is available when a son or daughter is born to the employee, adopted by the employee or placed with the employee through foster care. Medical leave is available in order for the employee to take care of a spouse, child, or parent who has a serious health condition or when the employee has a serious health condition rendering him/her unable to perform the functions of the employee’s job.
Generally, brief periods of illness are expected to fall within the district’s sick leave policy. Voluntary or cosmetic treatment which does not require inpatient care and is not medically necessary is not considered as a valid reason for leave under the Act.
By adopting this policy, the Board of Education of the North Colonie Central School District intends only to comply with the provisions of the Family and Medical Leave Act of 1993 (FMLA) and refers to the FMLA for any specific questions not covered in this policy. This policy does not thereby grant benefits greater than those set forth in the Act, except as contained in a Collective Bargaining Agreement to which the North Colonie Central School District is a party, in which the North Colonie Central School District is a party, in which event the Agreement shall control.
29 U.S.C. §§2601-2654, the Family and Medical Leave Act of 1993
29 CFR Part 825
Note: Prior policy, Family and Medical Leave, 4115
Policy Adopted: January 24, 1994
Amended: January 25, 1999