4327 - Family and Medical Leave

Policy 4327 Family and Medical Leave title box

The Southwest Vermont Supervisory Union, Bennington School District, Inc., Mount Anthony Union School District, North Bennington Graded School District, Pownal School District, Shaftsbury School District, and Woodford School District recognize that employees may, on occasion, need extended leave time in order to care for themselves or for a family member. Any time limits or requirements listed in the following policy may be modified by a bargaining unit’s Collective Bargaining Agreement (CBA). Please refer to the CBA for unit specific variations.

Provision for such leave is made pursuant to the negotiated terms of collective bargaining agreements and/or pursuant to the provisions of the Family and Medical Leave Act of 1993 (FML) and/or the Vermont Parental and Family Leave (PFL) Act or their successors, as applicable to the individual employee at the time of application for leave.

I. INTRODUCTION

Both state law, through the Parental and Family Leave Act, 21 VSA §§ 470 et. seq., and federal law, through the Family and Medical Leave Act of 1993, 29 USA §§ 2601, et. seq., provide employees certain rights with respect to leave for parental, family and/or employee care purposes. The statutes provide different eligibility standards, and different benefits and restrictions apply. It is the intent of the Boards of School Directors to comply with the mandates of the two statutes. In this document SVSU refers to all districts/Boards of Directors within SVSU.

If leave taken by an employee qualifies under both statutes, the leave is counted against the employee’s entitlement under both laws.

A.    Determining the 12-Month Period
In determining the “12 month period” in which the 12 weeks of leave entitlement occurs, the SVSU will use a “rolling” 12-month period, measured backward from the date an employee uses any parental or family leave. Each time an employee takes parental or family leave, the remaining leave entitlement would be any balance of the 12 weeks, which has not been used during the immediately preceding 12-month period.
B.     Substitution of Paid Leave for Unpaid Leave
During the leave, the employee may use accrued sick leave or vacation leave, not to exceed six weeks unless the applicable collective bargaining agreement provides otherwise. The remainder of the twelve weeks of parental and/or family leave shall be unpaid. Use of accrued sick leave or annual leave shall not operate to extent the twelve-week period.
C.    Benefits During Leave
An employee on parental or family leave who wishes to continue his/her coverage under the various insurance plans, must assume the full cost of the total premium of each insurance plan during the portion of the twelve weeks which is not covered by sick, annual, or personal leave. The employee is responsible for providing complete payment of said premiums to the SVSU one month prior to the date payment is forwarded to the insurance company.
D.    Authorization Procedures
1. Advance Notice:
a. The employee shall give reasonable written notice of intent to take leave and shall include the date the leave is expected to commence and the estimated duration of the leave.
b. Leave in the case of an adoption or birth of a child: The employee is required to provide notice at least 6 weeks prior to the anticipated commencement of the leave.
E.    Authorization Procedures
1. Employee Notice:
a. An employee should provide notice to the SVSU Human Resources Department of the need for a FML or PFL as early as possible.
b. If an employee is going to be absent for five or more consecutive days they should notify the Human Resource Department as soon as practicable.
2. Employer Notice: When an employee provides notice of the need for FML leave, the SVSU shall provide the employee all legal notices required by the governing ACTS.
F.     Reporting During FML Leave
The SVSU requires each employee on FML leave to report periodically on the employee’s status and intent to return to work.

II. NOTICE AND COPIES

The Superintendent or his or her designee shall post notice of this policy in conspicuous places in each school building in areas accessible to employees.

policy 4327 warning and adoption dates