APPENDIX E – FAMILY CARE AND MEDICAL LEAVE

It is the intent of this provision to be consistent with Government Code section 1294.2 and the Family and Medical Leave Act of 1993, and it shall be interpreted so that there will be no violation of those statutes.

  1. An employee with more than one (1) year of continuous service with the District, who has worked at least 1250 hours during said year and who is eligible for other leave benefits of this Agreement shall be granted, upon written request, an unpaid family care leave up to a total of four (4) months in any twenty-four (24) month period, of twelve (12) weeks per year, pursuant to the provisions contained herein. a. For purpose of this section the term “family care and medical leave” mean either: (1) leave for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption of the child or foster care of the child of the employee, or the serious illness of a child of the employee; (2) leave to care of a parent or spouse who has a serious health condition; or (3) leave because of serious health condition that makes the employee unable to perform the functions of the position of that employee, except for leave taken for disability on account of pregnancy, childbirth or related medical conditions.
  2. An unpaid family care and medical leave shall be treated as any other unpaid leave. During an unpaid family care and medical leave an employee shall retain employee status with the District, and such leave shall not constitute a break in service. An employee returning from an unpaid family care and medical leave shall have no less seniority than when the leave commenced.
  3. If an employee’s need for an unpaid family care and medical leave is foreseeable, the employee shall provide the District with at least thirty (30) days advance notice; for unplanned absences, the employee shall provide the District with reasonable advance notice of the need for such leave.
  4. The District requires that an employee’s request for an unpaid family care and medical leave for the purpose of caring for a child, spouse or parent who has a serious health condition or for the employee’s own serious health condition to be supported by a written certification issued by the health care provider of the family member requiring care. The written certification must include the date on which the serious health condition commenced and the probably duration of the condition. For a leave based upon caring for a child, spouse or parent who has a serious health condition the written certificate must have an estimate of the amount of time the health care provider believes the employee need to care for the individual requiring care, and a statement that the serious health condition warrants the participation of a family member to provide care during a period of the treatment or supervision of the individual requiring care. For a leave based on the employee’s own serious health condition, the written certification must include a statement that the employee is unable to perform the functions of his or her position. If additional leave is required upon the expiration of the time estimated by the health care provider, the employee must request such additional leave again supported by a written certification consistent with the requirements for an initial certification. Upon said request and certification, the District may agree to extend the Family Care and Medical Leave for a full year, provided that the District contribution for employee health insurance benefits (see item #9, below) shall not extend beyond the statutory twelve (12) week leave period.
  5. In any case in which the District has reason to doubt the validity of the certification provided pursuant to this section, the District may require, at the District’s expense, that the employee, or as appropriate the employee’s spouse, child or parent, obtain the opinion of a second health care provider. The second health care provider may not be employed on a regular basis by the District. If the opinions of the first and second health care provider differ, the District may require a third opinion, again at the District’s expense, from a health care provider mutually agreed upon by the District and the employee. The third opinion shall be final and binding.
  6. Definitions a. For the purposes of this section and consistent with current law, the term “child,” means a biological, adopted, and foster child, a stepchild, a legal ward, or a child of an employee standing in loco parentis who is either under eighteen (18) years of age or an adult dependent child. b. For purposes of this section and consistent with current law, the term “parent” means biological, foster, in-law, or adoptive parent, a stepparent or a legal guardian.
  7. If an employee applies for a family care and medical leave, the employee can elect, or the District may require, the substitution of paid vacation or other paid leaves to which the employee is entitled. If such paid leave is substituted, the employee is required to comply with the contractual requirements for use of such paid leave.
  8. An employee granted a leave under the provision shall have a right to reinstatement to their former classification if such classification still exists, which the person held immediately before commencement of a leave; with equivalent benefits, pay, and other working conditions provided by this Agreement. If the former classification no longer exists, they shall be placed in a lower or lateral classification in which they had previously served and in which they holds greater seniority than other incumbents in said class.
  9. An employee taking unpaid family care and medical leave pursuant to this section shall continue to be entitled to participate in District health insurance benefits, if eligible and if enrolled, to the same extent and under the same conditions as apply to other eligible, enrolled active employees receiving said benefits. The District may recover the premium that it paid as required by this subdivision for maintaining coverage for the employee under the group health plan if both of the following conditions occur: a. The employee does not return to District service for a number of days equal to the duration of the family care and medical leave. b. The employee’s failure to return from leave is for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to family care and medical leave or other circumstances beyond the control of the employee.
  10. Family care and medical care leave may be taken in one (1) or more periods. Leave may be taken in increments of at least one (1) day of recurring medical treatment certified by a health care provider.
  11. This policy shall not be construed to entitle the employee to receive disability benefits under Part 1 (commencing with Section 3201) of Division 4 of the Labor Code (Workers’ Compensation). The San Francisco Unified School District and SEIU Local 1021 acknowledge the obligation of the District to enforce the rules and regulations implementing the Family Medical Leave Act, the California Family Rights Act, and the National Defense Authorization Act.

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