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12-13 Employee Handbook Cover.psd - Southwest ISD

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will designate the leave as family and medical leave, if applicable, and notify the employee<br />

that accumulated leave will run concurrently.<br />

Job Restoration<br />

An employee who takes FMLA leave is entitled to be restored to the position held when the<br />

leave commenced or to an equivalent position with equivalent employment benefits, pay,<br />

and other terms and conditions of employment. The determination of how an employee is<br />

restored to an equivalent position is based on the district's established policies and practices<br />

that clearly explain the employee's restoration rights on return from leave. The district may<br />

deny restoration to some employees specified as "key employees", and to any employee<br />

who fails to provide a fitness-for-duty certificate to return to work.<br />

Failure to Report for Duty after Expiration of FMLA Leave<br />

If an employee is unable to report for duty because of the inability to perform an essential<br />

function of his or her job, the employee's job protections rights under FMLA shall expire<br />

however, the employee may be eligible to remain on assault leave or temporary disability<br />

leave if applicable. An employee who does not report for duty upon expiration of his or her<br />

FMLA leave and who fails to notify the Benefits Department about his or her return-towork<br />

status may be subject to termination.<br />

Intermittent Leave<br />

In some circumstances, employees may take family and medical leave in blocks of time or<br />

by reducing their normal weekly or daily work schedule. Intermittent leave may be taken<br />

under the following circumstances:<br />

• An employee is needed to care for a seriously ill spouse, child, or parent<br />

• An employee requires medical treatment for a serious illness<br />

• An employee is seriously ill and unable to work<br />

An employee does not need to use this leave entitlement in one block. Leave can be taken<br />

intermittently or on a reduced leave schedule when medically necessary. <strong>Employee</strong>s must<br />

make reasonable efforts to schedule leave for planned medical treatment so as not to<br />

unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be<br />

taken on an intermittent basis.<br />

<strong>Employee</strong> Responsibilities<br />

<strong>Employee</strong>s must provide 30 days advance notice of the need to take FMLA leave when the<br />

need is foreseeable. When 30 days notice is not possible, the employee must provide notice<br />

as soon as practicable and generally must comply with the Districts normal call-in<br />

procedures.<br />

<strong>Southwest</strong> <strong>ISD</strong> <strong>Employee</strong> <strong>Handbook</strong> 33<br />

August 15, 20<strong>13</strong>

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