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donated on the basis <strong>of</strong> the total employees employed at a worksite on the first day <strong>of</strong> the schoolterm.Section 10. Family and Medical Leave ActA. Contract employees are entitled to a total <strong>of</strong> twelve (12) administrative workweeks <strong>of</strong> unpaidleave during any 12-month period for the conditions specified in 29 CFR 825. The 12 monthperiod is a rolling 12 month period beginning on the date on which an employee’s FMLA leavefirst begins. A poster concerning rights and responsibilities under the FMLA is contained inappendix H. Contract employees must meet the eligibility requirements specified in 29 CFR 825and may take leave for the:(1) Birth <strong>of</strong> a child and care <strong>of</strong> a newborn;(2) Adoption or foster care <strong>of</strong> a child;(3) Care <strong>of</strong> a spouse, son, daughter, or parent with a serious health condition; and(4) Serious health condition <strong>of</strong> the employee that makes the employee unable to performhis/her position. See also the fact sheet contained in appendix I.B. Upon return from such leave, an employee must be returned to the same position or to anequivalent position with equivalent benefits, pay, status, and other terms and conditions <strong>of</strong>employment. This leave is not in addition to personal, vacation, annual, leave without pay, andsick leave, but can be substituted with any combination <strong>of</strong> the aforementioned leave.(1) Definition <strong>of</strong> Family Members: Spouse (includes common law marriage in States whereit is recognized); Son or daughter under 18 years <strong>of</strong> age or 18 years <strong>of</strong> age or older andincapable <strong>of</strong> self care due to mental/physical disabilities; biological, adopted, foster, stepchild or legal ward, or a child <strong>of</strong> a person who served as a surrogate parent (in locoparentis) when the employee was a child.(2) Notice <strong>of</strong> Leave. An employee shall provide written medical certification to his or herimmediate supervisor at least thirty (30) calendar days notice when the need for leave isforeseeable unless there is a reasonable excuse for the delay in notification. Medicaldocumentation shall include: date the serious condition commenced; probable frequencyand duration <strong>of</strong> periods <strong>of</strong> incapacity, and appropriate medical facts within the knowledge<strong>of</strong> the health care provider. This information should be submitted using the appropriateform contained in appendix J (for an employee’s serious health condition) or appendix K(for the serious health condition <strong>of</strong> a family member) depending upon the circumstancessurrounding the need for leave.(3) Sick Leave for Adoption. Federal employees are entitled to use sick leave for purposesrelated to the adoption <strong>of</strong> a child.105

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