Weber School District will provide family and medical leave for all qualified employees.

1. Definitions:
   
   Subject to the conditions under Implementation Procedures/Guidelines, any employee who has been employed by the Board for 12 months and who has worked at least 31 weeks (1,250 hours) in the year preceding the request for leave may take up to 12 weeks unpaid leave, in a 12-month period (a) for the birth of a child and to care for such child; (b) for the placement of a child for adoption or foster care: (c) to care for the employee's seriously ill spouse, son, daughter or parent; or (d) because of the employee's serious health condition that makes the employee unable to perform his or her job functions.
   
   Military Family Leave Entitlements
   Subject to the conditions under Implementation Procedures/Guidelines, any employee who has been employed by the Board for 12 months and who has worked at least 31 weeks (1,250 hours) in the year preceding the request for leave may take up to:
   
   12 weeks unpaid leave, in a 12 month period with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation to address certain qualifying exigencies.
   
   26 weeks of leave during a single 12-month period to care for a covered service member who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment.
   
   
2. Implementation Procedures/Guidelines:
   
   
   • 2.1 Interpretation. This leave is provided pursuant to the Family and Medical Leave Act of 1993 and will be interpreted according to the Act, its implementing regulations and applicable case law.
     
     
   • 2.2 Notice. Employees must give the Administrator for Human Resources 30 days advance notice of leave, or when 30 days is not practicable, notice within two (2) business days from when the employee learns of the need for leave. Failure to notify may result in denial of leave until 30 days after the employee provides notice.
     
     
   • 2.3 Scheduling of Foreseeable Treatment. An employee must make reasonable efforts to schedule foreseeable medical treatment so as not to disrupt the operations of the district.
     
     
   • 2.4 Medical Certification. Employees must provide medical certification of their own or a family member's serious health condition that makes leave necessary. The District may require an employee on medical leave to provide medical certification that the employee is able to resume work.
     
     
   • 2.5 Substitution of Paid for Unpaid Leave. The Administrator for Human resources may require any employee who has accrued paid sick, vacation or personal leave to substitute it for the medical or family leave to which the employee is entitled under (B) above. The employee may also elect to so substitute.
     
     
   • 2.6 Intermittent Leave and Leave Near End of Semester. Intermittent leave is available for births and adoptions/foster care only by mutual agreement between the District and the employee. Intermittent medical leave is available upon certification of medical need, but the District may transfer the employee temporarily to an equivalent alternate position.
     
     If an instructional employee provides medical certification that the employee needs intermittent, reduced-week or reduced-day leave for more than 20% of the working days in the relevant school semester, the Administrator for Human Resources may require the employee to choose either leave of a specified duration or temporary transfer to an equivalent alternate position. If an instructional employee seeks leave near the end of the school semester, the Administrator for Human Resources may require the employee to take leave through the end of the semester.
     
     
   • 2.7 Limits for Spouses Both Employed by Weber School District. Spouses who are both employed by the District are limited to a total 12 weeks leave shared between the two spouses for (a) birth, (b) adoption/foster care (c) care for a sick parent, does not include parents "in law".
     
     
   • 2.8 Periodic Reporting. The District may require periodic status reports from an employee on leave.
     
     
   • 2.9 Employment and Benefits Protection. Following leave taken under this policy, an employee will be restored either to the position the employee left or to an equivalent position. Taking this leave will not result in loss of any employment benefit accrued prior to the leave. This policy does not provide accrual of seniority or employment benefits during the period of leave. For highly compensated employees, some restrictions apply.
     
     
   • 2.10 Maintenance of Health Benefits. During an employee's leave under this policy, the District will maintain the employee's coverage under any group health plan at the level and under the conditions it would have been provided if the employee had not taken leave. If the employee fails to return from leave for reasons within the employee's control, the District may recover the premium portion it paid for maintaining coverage during the leave.
     
     
   • 2.11 No Retaliation. The District will not discriminate against any employee for exercising or attempting to exercise any right under this policy.
     
     
   • 2.12 Effective Date. Interim date will be from February 5, 1994, to June 30, 1994. Thereafter, effective date will be July 1, 1994.

Approved by the Board 09/02/2009