Foreword contained herein are the regulations and/or procedures formulated by the administrators of the Buffalo City School District. The organizing system in this manual utilizes the same numerical coding as in the Buffalo City School District Policy
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- Enforcement
- FAMILY LEAVE/MEDICAL LEAVE APPLICATION
- PLEASE RETURN TO THE OFFICE OF HUMAN RESOURCES
Job and Benefits ProtectionUpon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Employers may deny restoration to certain highly compensated employees, but only if necessary to avoid substantial and grievous economic injury to the employer's operation. The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. The use of unpaid FMLA leave cannot affect the exempt status of bona fide executive, administrative and professional employees under the Fair Labor Standards Act. Medical Insurance Coverage For the duration of FMLA leave, the employer must maintain the employee's medical insurance coverage under any "group health plan," under the conditions coverage would have been provided if the employee had continued working. In some cases, the employer may recover premiums paid for maintaining an employee's health coverage if the employee fails to return to work from FMLA leave. Unlawful Acts by Employers FMLA makes if unlawful for any employer to: Interfere with, restrain, or deny the exercise of any right provided under FMLA; Discharge or discriminate against any person for opposing any practice made unlawful by FMLA; and, Discharge or discriminate against any person because of involvement in any proceeding under or related to FMLA. Miscellaneous Provisions Special rules apply to employees of local education agencies. (Continued) 2005 6551R 3 of 3
Employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA. Any employer who willfully violates this requirement may be subject to a fine of up to one hundred dollars ($100) for each separate offense. FMLA Does Not Affect any federal or state law prohibiting discrimination; Supersede any state or local law which provides greater family or medical leave rights; Diminish an employer's obligation to provide greater leave rights under a collective bargaining agreement or employment benefit plan, nor may the rights provided under FMLA be diminished by such agreement or plan; nor, Discourage employers from adopting policies more generous than required by FMLA. EnforcementThe Secretary of Labor is authorized to investigate and attempt to resolve complaints of violations, and may bring an action against an employer in any federal or state court of law. FMLA's enforcement procedures parallel those of the federal Fair Labor Standards Act. The FMLA will be enforced by the Department's Wage and Hour Division. An eligible employee may bring a civil action against an employer for violations. Employers who act in good faith and have reasonable grounds to believe their actions did not violate FMLA may have any damages reduced to actual damages at the discretion of a judge. For more information, please contact the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of Labor, Employment Standards Administration. 2005 6551R.1 1 of 2
SUBJECT: YOUR RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT FMLA requires covered employers to provide up to twelve (12) weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons. Employees are eligible if they have worked for a covered employer for at least one (1) year, and for 1,250 hours over the previous twelve (12) months. Reasons for Taking Leave Unpaid leave must be granted for any of the following reasons: To care for the employee's child after birth, or placement for adoption or foster care; To care for the employee's spouse, son or daughter, or parent/guardian, who has a serious health condition; or For a serious health condition that makes the employee unable to perform the employee's job. At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave. Advance Notice and Medical Certification The employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met. The employee ordinarily must provide thirty (30) days advance notice when the leave is "foreseeable." An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to return to work. Job Benefits and Protection For the duration of FMLA leave, the employer must maintain the employee's health coverage under any "group health plan." Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. (Continued) 2005 6551R.1 2 of 2
SUBJECT: YOUR RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT (Cont'd.) The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. Unlawful Acts by Employers FMLA makes it unlawful for any employer to: Interfere with, restrain, or deny the exercise of any right provided under FMLA; Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. Enforcement The U.S. Department of Labor is authorized to investigate and resolve complaints of violations. An eligible employee may bring a civil action against an employer for violations. FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights. For Additional Information Contact the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of Labor. 6551F
1 of 2 ________________________________________ EMPLOYEE NAME
The employee has been employed at least twelve (12) months. The employee has worked at least 1,250 hours in the last year. The employee gives his/her thirty (30) day notice of his/her intention to take a leave when the need for a leave is foreseeable. The employee has not been granted a Family/Medical Act Leave in the twelve (12) months preceding the commencement of this leave request. *All of the above must be satisfied to be eligible for either a Family or Medical leave. Please check those criteria which you meet. An employee will continue to pay their regular rate of contribution for health insurance for up to twelve (12) weeks of unpaid leave. Family Leave Family leave is available to an employee for any of the following reasons: The birth of a child and care for the infant. Adoption of a child and care for the infant. The placement with the employee of a child in foster care. The family leave must be taken during the twelve (12) month period from the date of birth or placement of the child. Intermittent leave is not allowed under the family leave provision. An employee may elect, or an employer may require an employee, to use accrued paid vacation, personal or family leave in place of the unpaid leave. Medical Leave Medical leave is available to an employee for any of the following reasons: Who has a "serious health condition" that prevents the employee from doing his/her job. To care for a spouse who has a serious health condition. To care for a dependent child who has a serious health condition. To care for a parent/guardian who has a serious health condition. A serious health condition is defined as "an illness, injury, impairment, or physical or mental condition" that involves hospitalization or other inpatient care or continuing treatment by a doctor. Medial leave may be taken intermittently, but the District may transfer the employee to another comparable position if the intermittent leave is foreseeable and the other position better accommodates recurring periods of leave. Additionally, for instructional employees whose foreseeable medical leave absences will exceed twenty percent (20%) of the period over which the intermittent leave will occur, the District can require the employee to elect to either take a block leave or accept a temporary transfer to another position that better accommodates recurring periods of leave. (Continued) 6551F
2 of 2 BUFFALO PUBLIC SCHOOLS FAMILY LEAVE/MEDICAL LEAVE APPLICATION (Cont'd.) An employee may elect, or an employer may require an employee, to use accrued vacation, personal, or sick leave for a medical leave. However, an employee is not entitled as a result of the Family and Medical Leave Act to use accrued sick leave when he/she would not otherwise be able to use sick leave under the terms of a collective bargaining agreement. A District can require an employee requesting a medical leave to provide certification from a doctor that outlines the basis for the leave and its anticipated duration. If the District doubts the validity of the doctor's certification, the law provides a method for obtaining a second, and, if necessary, a third medical opinion. Return to Employment At the end of the family or medical leave, the employee is entitled to return to the actual position or an equivalent position he/she held before the leave. For instructional employees, restoration to a position "shall be made on the basis of established Board policies and practices" and the collective bargaining agreement. For example, the District is free under the law to assign a returning elementary teacher to a different grade from the class he/she taught prior to the leave. The law states that an employee does not lose accrued employment benefits as a result of the leave, but he/she is not entitled to accrue seniority during the leave period. Special limitations apply to instructional employees returning from leave near the conclusion of an academic term. Depending on the duration of the leave and the length of time remaining until the end of the school term, the District can require the employee to wait until next term to return. --------------------------------------------------------------------------------------------------------------------------- NAME OF EMPLOYEE ____________________________ ________________________________ (Please Print) Employee Signature DATE OF APPLICATION _____________________________ FAMILY LEAVE DETERMINATION [ ] qualified _______ initials (approval) [ ] not qualified _______ initials (disapproval) Date(s) ______________________________________________________ Reason ______________________________________________________ _____________________________________________________________
[ ] not qualified _______ initials (disapproval) Date(s) ______________________________________________________ Reason ______________________________________________________ _____________________________________________________________
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SUBJECT: MILITARY LEAVES OF ABSENCE The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), New York State Military Law and New York State Civil Service Law provide specific protections to employees who temporarily leave their jobs to perform ordered military duty in the service of the state or of the United States. Covered Employees All full time and part time non-temporary School District employees who are ordered to duty or volunteer for qualifying military service are provided these protections if they give advance notice of absence for military service. This notice is required unless excused by "military necessity" or it is impossible or unreasonable to give notice under the circumstances. It is not required that this notice be in written form, and the District may not insist on written notice. Employees Not Covered 1) Employees who fail to give advance notice of absence unless excused by "military necessity" or it is impossible or unreasonable to give notice under the circumstances. 2) Employees who hold brief non-recurring or temporary positions. 3) Employees receiving other than honorable discharge. Salary Pay During Service The District is required to pay the employee on military leave his/her salary or other compensation for any and all periods of absence while engaged in the performance of ordered military duty, and while going to and returning from such duty, not exceeding a total of 30 calendar days or 22 working days, whichever is greater, in any one calendar year; and not exceeding 30 calendar days or 22 working days, whichever is greater, in any one continuous period of such absence. The employee is entitled to use any accrued leave benefits to continue to be paid beyond this period, but is not required to do so. Pay Upon Return from Service A returning employee is entitled to all pay increases that would have automatically been awarded or earned had the employee not been absent due to military service. (Continued) 2005 6552R 2 of 5
2005 6552R 3 of 5
2) The employee has not exceeded the five-year service limitation; and 3) The employee's separation from military service meets the requirements for reemployment. If the employee does not provide satisfactory documentation because it is not readily available or does not exist, the District still must promptly reemploy the person. However, if after reemploying that person, documentation becomes available that shows one or more of the reemployment requirements were not met, the District may initiate appropriate action, including termination of the employee, pursuant to law. Reinstatement to Pre-Leave Position The District will reinstate such employee to his/her position as soon as possible, provided the employee makes application for reinstatement during his/her military duty time or within 90 days after the termination of his/her period of active military duty. At the discretion of the Board of Education, the employee may be reinstated after this 90-day period but no later than one year after termination of his/her military duty. An employee who resigned from his/her position during or within six months prior to the commencement of military duty may be reinstated to his/her position at the discretion of the Board of Education within one year from the date of resignation (not including the time on military duty). Reemployment to Pre-Leave or "Escalated" Position Reemployment rights are tied to the length of military service. 1) 1 to 90 Days of Military Service The employee must be promptly reinstated to the position he/she would have attained if employment had not been interrupted (the "escalator principle") or the position he/she left, whichever is better as long as the employee is qualified to perform the position's duties or becomes qualified after reasonable efforts by the School District. 2) Service of 91 Days or More The above paragraph applies, except that if the employee cannot be qualified for the "escalated" position, the employee may be reinstated to the original position or a position of like seniority, status and pay. (Continued) 2005 6552R 4 of 5
SUBJECT: MILITARY LEAVES OF ABSENCE (Cont'd.) Reasonable Accommodations An employee who becomes disabled or whose prior disability is aggravated while serving on military duty is afforded greater rights than those provided under the Americans with Disabilities Act. Probationary Service Teachers Absence due to military service is credited as satisfactory service during the probationary period. However, if the end of the probationary service occurs while the teacher is on military duty or within one year following termination of military service, the Board of Education may extend the probationary period for up to one year beyond the end of the military service. The extension of the period of probationary service, however, may not result in the time of actual performance of teaching services being greater than what would have been required by the District had the teacher not been in military service. Non-Teaching Employees The time during which a probationary public employee is absent on military duty shall be credited as satisfactory service during the probationary period. Enhanced Job Protection for Probationary Employees An employee who is reemployed after a long-term military leave is entitled to short-term protection against discharge except "for cause." This temporarily eliminates the "at will" employment doctrine for probationary employees who could otherwise be terminated for any "lawful reason." If Military Service Lasted 181 Days or More The employee cannot be discharged except for "cause" within one year from date of reemployment. If Military Service Lasted 31-180 Days The employee cannot be discharged except for "cause" within six months from date of reemployment. (Continued) 2005 6552R 5 of 5
SUBJECT: MILITARY LEAVES OF ABSENCE (Cont'd.) If Military Service Lasted 30 Days or Less There is no enhanced job protection. Anti-Discrimination The District will not take any adverse employment action against the employee because of his/her military service. Anti-Retaliation Provision The School District is prohibited from taking adverse employment action against any person who takes an action to enforce a protection afforded under the USERRA. Penalties for Non-Compliance The School District is subject to discrimination claims for failure to comply with federal and state laws, including compensatory and liquidated damages. Notice of Rights and Duties The School District shall provide a notice of the rights, benefits, and obligations of employees and the District under USERRA. The notice may be posted where the District customarily places notices for employees. Districts also may provide notice to applicable employees in other ways that will minimize cost while ensuring that the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice via electronic mail). The U.S. Department of Labor may be accessed at http://www.dol.gov/vets/programs/userra/poster.pdf. Download 1.47 Mb. Share with your friends:
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