The Hyde Park Central School District will provide eligible employees with FMLA benefits as defined by the law for the birth or adoption of a son or daughter, for the care of a son, daughter, spouse or parent of the employee with a serious health condition, and for a serious health condition of the employee which prevents the employee from performing functions of his/her position. For an employee to be eligible, he/she must have worked 12 months prior to the commencement of the leave and must have worked 1250 hours during that 12 month period.
For determining the "12 month period" in which the 12 weeks of leave entitlement occurs, the district shall utilize the 12-month period measured forward from the date an employee's first FMLA leave begins.
When both a husband and wife are employed by the district, they are restricted to a total of 12 work weeks for FMLA leave:
for birth of a son or daughter or to care for the child after birth;
for placement of a son or daughter for adoption or foster care, or to care for the child after placement; or
to care for a parent (but not a parent "in-law") with a serious health condition.
Where available, subject to the conditions of the FMLA, and when authorized under the provisions of an eligible employee's collective bargaining agreement, the district may require the employee to first use accrued leave (such as vacation, personal, family and sick leave, child care and sick leave bank) to cover some or all of the FMLA leave. However, sick leave accruals may not be used for child care purposes.
During the FMLA leave, health benefits are to be provided at the level and under the conditions of coverage that would have been provided had the employee continued in employment during the period of leave. However, if the employee fails to return from leave, the district may recapture the health care premiums that it paid during the employee's leave. The district will not recapture the premiums of an employee who fails to return to work because of the onset, continuation or recurrence of a serious health condition of the employee or family member or other circumstances beyond the control of the employee.
The district has a right to 30 days' advance notice from the employee where practicable. In addition, employees taking medical leave are also required to make a reasonable effort to schedule the treatment so as not to unduly disrupt the operations of the employer.
The district may require an employee to submit certification from the health care provider to substantiate that the leave is due to the serious health condition of the employee or the employee's immediate family member. Failure to comply with these requirements may result in the denial of FMLA leave. The district may also require that the employee present a certification of fitness to return to work when the absence was caused by the employee's serious health condition.
Adoption date
November 9, 1993
Revised
April 27, 2000
11 Boice Road
P. O. Box 2033
Hyde Park, NY 12538
(845) 229-4000
For Emergency Information (845) 229-4001
District Fax: 229-4056 Directions