Family, Maternity and Military Caregivers Leave
Leave provisions are outlined in collective bargaining contracts for those employees covered by such contracts. For all other employees, board policy applies.
During the period of actual disability attributable to pregnancy or childbirth, as certified in writing by the employee’s physician, the affected employee may use accrued paid sick leave to cover applicable absences. Should Accrued sick leave be exhausted, other forms of paid leave, if available, may be accessed to keep the employee in a paid status for as long as possible. However, upon exhaustion of all paid leave, the district shall grant leave without pay for the remainder of the disability period related to pregnancy or childbirth. Should the employee transition into unpaid status during this period, continuation of benefits, if applicable, will be offered at the employee’s expense via COBRA.
FMLA: If eligible, the employee may apply for up to twelve (12) workweeks of unpaid Family and Medical Leave (FMLA), as provided by the Family and Medical Leave Act of 1993, at any time during the disability period to continue existing benefit coverage and/or extend maternity leave beyond the disability period related to pregnancy or childbirth.
The staff member may return to work from maternity disability leave when psychically able to perform her duties as verified by her personal physician or licensed practitioner
Paternity Leave/Adoption Leave
As provided by the Family and Medical Leave Act of 1993, an eligible employee may apply for up to twelve (12) unpaid workweeks of paternity and/or adoption leave. At the employee’s discretion, s/he may use any accrued sick, vacation and /or personal leave during this period.
Adoption leave is available for placement of a child under the age of six with the employee.
When both parents are district employees, family leave must be taken at the same time. The collective total absence can be no more than twelve (12) weeks.
A staff member requesting Maternity/Paternity/Adoption Leave must provide a written request to his/her immediate supervisor and the Human Resources Office at least thirty (30) days prior to the anticipated commencement of the leave. The written request should include the following:
- Type of leave (maternity, paternity, adoption)
- Anticipated date of birth or adoption placement
- Anticipated duration of leave, including beginning and ending dates
- Attachment of appropriate documentation supporting the leave request, such as a medical verification by a physician.
The superintendent or designee may approve a change to either the beginning or ending dates upon advance notice by the employee and approval of a physician, if applicable.
Military Caregiver Leave
An employee who is the spouse, son or daughter, parent or next of kin of a service member who is recovering from a serious illness or injury sustained while on active duty is entitled to twenty six (26) weeks of unpaid leave in a 12 month period to care for the service member.
Assignment Upon Return
An employee who has taken a leave of absence only for the actual period of disability relating to pregnancy or childbirth and/or has taken up to twelve weeks of family leave shall return to the same or comparable assignment, for which /s/he is qualified A comparable position is one that has the same pay status, working conditions, and benefits, as held prior to the leave taken.
Upon return from an extended maternity or paternity leave, a staff member shall be entitled to a position in the district subject to the availability of a position for which s/he is qualified. An effort shall be made to place the staff member in his/her original position or in a comparable position.
Right to Apply for Other Leave
Nothing in this policy shall preclude a staff member's right to apply for any other applicable leave as provided by board policy.
|Cross Reference:||Board Policy 5021||Applicability of Personnel Policies|
|Legal References:||RCW 28A.400.300||Hiring and discharging of employees — Written leave policies — Seniority and leave benefits of employees transferring between school districts and other educational employers|
|Chapter 49.78 RCW||Family Leave|
|WAC 162-30-020||Pregnancy, childbirth, and pregnancy related conditions|
|29 USC Sec 2601||Family and Medical Leave Act of 1993|
|Policy News, October 2011||Policy Manual Revisions|
|Policy News, April 2009||Military Leave|
Adoption Date: 06.12.95
Former Policy Number: 5322
Clover Park School District
Revised: 02.10.03; 08.13.12