GBCD - Family and Medical Leave Act

FAMILY AND MEDICAL LEAVE ACT

Employees are entitled to family and medical leave under the federal Family and Medical

Leave Act of 1993 or the Maine Family Medical Leave Law, whichever is applicable, when they

meet all of the eligibility requirements of those laws. The purpose of this policy is to set forth

several rules that must be applied uniformly to all employees who may be eligible for family and

medical leave. The Superintendent/Principal and his/her designees are authorized to administer the federal and state laws consistent with this policy. As used in this policy, “family and medical leave" means leave available under the federal or state family medical leave laws.

An overview of employee rights and responsibilities under the family and medical leave

laws can be obtained from the Superintendent's Office.

A. The Federal ‘l2-month Eligibility Period

The 12-month period used to determine employee eligibility for federal family medical

leave shall be a rolling 12~month period measured backward from the date an employee

uses an FMLA leave.

B.  Notice by Employee 

Employees requesting leave shall provide at least 30 days’ notice to the  Superintendent/Principal or his/her designee whenever the need for such leave is foreseeable. The employee shall provide appropriate medical certification supporting the leave request.

When the Superintendent/Principal or his/her designee has reason to believe that an employee is or will be absent for an FMLA-qualifying purpose, the Superintendent/Principal or designee should request sufficient information from the employee to determine the employee’s eligibility for family and medical leave.

C. Coordination with Other Leave

When leave is taken that qualifies both as family medical leave and as permitted leave

under any employment contract, collective bargaining agreement or policy, the employee

shall use family medical leave and the other type of leave concurrently, provided that the

employee meets all of the eligibility requirements for each type of leave. Types of leave

that shall run concurrently with family medical leave include, but are not necessarily limited to: sick leave, unpaid leave, disability leave, absence for work-related injuries, and any other applicable types of leave.

Example: An employee with a chronic illness qualifies for both sick leave and

family medical leave. The employee has 30 days (six weeks) of

accumulated paid sick leave. For the first six weeks, the employee is

on paid sick leave and family and medical leave; the two types of

leave run concurrently. Once the sick leave is exhausted, the

employee has six more weeks of unpaid family medical leave until

his/her 12-week federal FMLA entitlement is used up.

 D.  Fitness for Duty Certificate

Before returning to work, employees taking family and medical leave for their own serious

health condition shall submit a certificate from a health care provider indicating that they are

able to return to work and perform the essential functions of their position.

Legal Reference:  26 USC 2601 et seq.

      29 CRF Part 825

      26 MRSA 843 et seq.

Adopted:   03/11/2021