12-13 Employee Handbook Cover.psd - Southwest ISD

During any period that an eligible employee takes FMLA leave, the district will maintain
the employee’s coverage under any "group health plan" for the duration of the leave at the
level and under the conditions coverage would have been provided if the employee had
continued in active duty with the district.
Except for certain conditions, the district may recover its share of health care premiums
during a period of FMLA leave if an employee fails to return to work after his/ her FMLA
leave entitlement has been exhausted or expires.
When an employee fails to return to work, health premiums paid by the district during a
period of FMLA leave are a debt owed the district by the non-returning employee, and may
be recovered by the district through deduction of any sums due the employee or through
legal action.
Eligibility
Employees who have been employed by the district for at least 12 months and have worked
at least 1,250 hours in the 12 months immediately preceding the need for the leave are
eligible for family and medical leave. An employee who works only 187 days a year must
work about seven hours a day to meet the federal eligibility requirement. This excludes
many part-time employees and support personnel who work less than 40 hours a week.
Full-time teachers do meet the 1,250 hours eligibility requirement. The 12-month period
within which employees shall be eligible for 12 weeks of family and medical leave shall be
defined as a rolling 12-month period measured backward from the date the employee uses
any FMLA leave.
Definition of a Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition
that involves either an overnight stay in a medical care facility, or continuing treatment by
a health care provider for a condition that either prevents the employee from performing
the functions of the employer's job, or prevents the qualified family member from
participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period
of incapacity of more than three consecutive calendar days combined with at least two
visits to a health care provider or one visit and a regimen of continuing treatment or
incapacity due to a chronic condition. Other conditions may meet the definition of
continuing treatment.
Use of Paid Leave
Family and medical leave runs concurrently with accrued sick and personal leave,
temporary disability leave, and absences due to work-related illness or injury. The district
Southwest ISD Employee Handbook 32
August 15, 2013