ARTICLE 64

Family and Medical Leave Act (FMLA)

  1. For the purpose of FMLA leave, an "eligible employee" is an employee of the District who has been employed by the District for at least 12 months and has met the "hours of service" (Professional Employees) or "hours worked" (Support Employees) requirement stated below:
    1. Full Time Professional employees - credited with at least 1250 "hours of service" during the 12 month period immediately preceding the commencement of the leave.
      1. For the purpose of calculating "hours of service" pursuant to Section A. 1 above, a full time teacher shall be deemed to work nine (9) hours per day for each day he/she reports to work and remains for his/her entire workday during the school year as set forth in Article 26, Section B.1. The nine-hour day shall be inclusive of all teaching and related duties. The teacher shall have the ability to demonstrate FMLA eligibility pursuant to paragraph 4.
      2. Subject to the foregoing, employees are not credited with hours of service on days that would not be counted according to the principles established under the Fair Labor Standards Act ("FLSA") for determining compensable hours of work. For example, sick and vacation days - either paid or unpaid - do not count toward the total number of hours of service.
      3. Any hours worked during the summer break will be credited as served. In other words, if a teacher works four hours per day in the summer he or she will be credited with four hours of service for that day.
      4. If the District credits a full-time teacher with nine (9) hours of service per workday when calculating "hours of service," the District has met its burden to clearly show that Teacher A has or has not worked 1,250 hours during the previous 12 months. If the total is less than 1,250 hours for the prior year of service per this calculation, then the employee bears the burden of demonstrating that he or she worked 1,250 hours or more during that year.
    2. Full Time Support employees - has worked 1250 or more hours during the 12 month period immediately preceding the commencement of the leave. Paid or unpaid leave does not count toward hours worked.
    3. Part Time employees - has worked 900 or more hours during the 12 month period immediately preceding the commencement of the leave. Paid or unpaid leave does not count toward hours worked.