FMLA/OFLA and leaves of absence
When an employee is absent, or anticipates being absent, more than three consecutive calendar days for the following reasons: their own serious health condition, family medical need, parental, bereavement, or family military-related reason, the District requires that you follow the Siuslaw School District medical leave application process. The District is required by law to determine your eligibility for job-protected leave under the federal Family Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA). Per District policy, you have the option to use certain available paid leave during the same time as your FMLA/OFLA Leave.
The following forms will need to be completed once you have notified Human Resources and your supervisor of a need for FMLA/OFLA leave. If you have any questions or need assistance, please call 541-997-2651.
1. Submit a Request for FMLA/OFLA Leave form to HR. This request shall be provided at least 30 days prior to the leave date if the leave is foreseeable, unless the leave is taken for an emergency. Your request form MUST include the anticipated start and end date (estimated, if necessary), reason for the requested leave and relation to ill family member (if applicable)
Once that is received, HR will review the request and respond with an initial eligibility letter.
2. Complete a Certification of Health Care Provider form (Your doctor will need to complete this form). This form needs to be completed and returned to HR within 15 days. Your leave will then be designated and tracked.
If the leave is to care for a qualifying family member with a serious health condition, please have the attending doctor complete the Certification of Health Care Provider Family Members Serious Health Condition form. This form needs to be completed and returned to HR within 15 days. Your leave will then be designated and tracked.
3. When you have been released to return to work, have your Doctor complete a Fitness for Duty form. This must be done prior to returning to work and received by HS 24 hours before you return to work. This includes light duty, reduced hours or returning full time. Your job description should accompany this form.
THINGS TO KNOW:
FMLA/OFLA is unpaid, however employees are required to use their accrued leave. All leave must be exhausted prior to going into an unpaid status.
Employees are generally entitled to 12 weeks of leave within any one year period.
FMLA/OFLA runs concurrently together for a combined total of 12 weeks. Leave may be continuous or intermittent. Intermittent is tracked by the hours taken, contact HR for assistance.
Leave Accruals: Leave accrual will not accumulate while on unpaid FMLA/OFLA leave.
AESOP: You must update Aesop with your FMLA/OFLA leave information. Securing a substitute is your responsibility. If you are unable to do this, please contact HR.
Insurance: During FMLA leave, (this does not apply to OFLA 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. The District will continue to make its contribution but if there are any out-of-pocket expenses, you will need to make arrangements to pay your portion.
Sick Leave Pool: When an employee in either the certified or classified unit exhausts his/her sick leave due to a debilitating illness or injury and the employee is not eligible for salary replacement benefits through another source, such as workers compensation, disability insurance, PERS benefits or Social Security, the Siuslaw Education Association or the Oregon School Employees Association may request sick leave donations in accordance to their respective negotiated contract.
Leaves of Absence
A regular employee, upon request in writing and upon approval of the Superintendent, may obtain leave of absence without pay for a period not to exceed one year, except as provided in Oregon Revised Statutes. Sick leave, vacation time, and other employee benefits, shall not accrue during the period of the leave. The following provisions must be adhered to when such leave is used:
Request for leave All requests must include the effective date of the leave and the date on which the leave will terminate. Requests shall be submitted to the Superintendent in writing.
Certified staff may request a leave of absence without pay for up to twelve months for maternity/paternity purposes. When this immediately follows delivery/adoption/placement of a child, the first twelve weeks of maternity/paternity leave shall fall under OFLA/FMLA with all appropriate rights and benefits attached This leave is also available for individuals adopting a new child. Requests for such leave shall be discretionary with the teachers involved and shall be subject to Board approval. Female teachers who are pregnant may request such leave in lieu of paid sick leave.
Classified staff may request a leave of absence without pay by submitting a written request to the Superintendent . Employees shall not be eligible for such leave until they have completed at least one (1) full year of employment. Such leave shall not exceed twelve (12) months in duration. An employee on such leave shall not receive compensation or seniority for the duration of the leave, but shall have previously earned leave and seniority restored upon return. Written leave requests shall state the reason for such request. The District retains final decision making authority regarding requests and final decisions are not subject to the grievance procedure in this agreement.
Reinstatement Upon Expiration At the expiration of the leave, employees shall be reinstated to service with the District in a position comparable to the one held at the time the leave commenced without loss of any rights or benefits which would ordinarily accrue during any leave of absence. Except where applicable law requires, seniority rights are not accrued while on leave.
Exceptions Employees will be returned to service with the District upon the expiration of leave in a position at least commensurate with the position formerly held, except when the position formerly occupied has been abolished.