Bargaining unit employees regularly employed on a year-round basis who have been employed for at least twelve months and who have worked a minimum of 1,250 hours of service during the previous twelve-month period and bargaining unit employees regularly employed on a ten-month basis who have been employed for the equivalent of at least twelve months and who have worked the equivalent of a minimum of 1,250 hours of service during the previous twelve-month period shall be entitled to unpaid leave under the Family and Medical Leave Act (“FMLA”) for any of the following reasons:
- To provide care for a son or daughter during the twelve-month period after the birth of such child;
- To provide care for a son or daughter during the twelve-month period after such child is adopted by or placed in the foster care of the employee;
- To provide care for a son, daughter, spouse or parent with a serious health condition; or
- To treat or recover from a serious health condition of the employee.
Bargaining unit employees are entitled to a total of twelve work weeks of unpaid leave for the above-stated reasons during a “rolling” twelve-month period measured backwards from the date an employee uses any FMLA leave.
Bargaining unit employees shall be required to use their accrued sick days concurrently with any leave of absence taken under the FMLA. Employees will have the option, upon appropriate notice, to use accrued vacation days. During any leave taken under the FMLA, the employee’s health care coverage under any group health plan shall be maintained for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. If the employee is using vacation or sick days, the employee will accrue seniority while on FMLA leave.
Bargaining unit employees must provide at least thirty days’ advance notice before FMLA leave is to begin if the need for leave is foreseeable based on an expected birth, placement for adoption or foster care or planned medical treatment for a serious health condition of the employee or the employee’s son, daughter, spouse or parent. If thirty days’ notice is not practicable (such as because of a lack of knowledge of approximately when a leave will be required to begin, a change of circumstances or a medical emergency), notice must be given as soon as practicable. Failure to provide the notice set forth in this Section shall not affect the employee’s entitlement to the leave when the BOARD has actual knowledge of the FMLA-precipitating event.
A bargaining unit employee who takes FMLA leave shall be entitled on return from such leave to be restored to the position of employment held by the employee when the leave commenced or to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment.
Except as may be specifically provided for in this Agreement, bargaining unit employees’ rights and obligations relating to FMLA leave shall be governed by the provisions of the FMLA (including the regulations thereunder) and BOARD rules or policies.