410.0 Leave of Absence Policy

LEAVE OF ABSENCE POLICY

I. PURPOSE
The purpose of this policy is to provide for family and medical leave to school district employees in accordance with applicable state and federal laws, including the Family and Medical Leave Act, the Minnesota Paid Leave Law, and Earned Sick and Safe Time.

II. GENERAL STATEMENT OF POLICY
The following procedures and policies regarding family and medical leave are adopted by the school district, pursuant to the requirements of the Family and Medical Leave Act of 1993 (FMLA) and consistent with the requirements of the Minnesota Leave laws.  Employees entitled to multiple programs described in this policy shall be required to take leave under various programs concurrently, to the extent allowable by law. This policy is applicable to all employee groups; however, individual collective bargaining agreements or contracts may either grant additional leave rights or restrict the use of accrued leaves for certain employee groups.

III. DEFINITIONS

1. Family and Medical Leave Act (federal) leave: The FMLA provides up to twelve (12) weeks of unpaid leave a year for an employee’s own serious illness, or to care for certain family members during illness, or for up to twenty-six (26) weeks of unpaid leave to care for certain military family members.  An employee becomes eligible for FMLA leave after working for 12 months and at least 1250 hours.  For purposes of FMLA tracking, a year will be defined as a 12-month period measured forward from the first day of an employee’s eligible leave. 

2. MN Paid Leave: MN Paid Leave provides for up to 12 weeks of leave for an employee’s own serious illness, as well as up to 12 weeks of leave to care for a family member, for a total of no more than 20 weeks leave per year.  MN Paid Leave provides job protection during the leave period with the option to be paid by the state from premiums paid by both employees and employers. However, this program only pays a portion of the employee’s salary, with a higher percentage being paid to lower income earners. Anoka-Hennepin does not administer this program, so any questions about eligibility and payment should be directed to the Minnesota Department of Employment and Economic Development (DEED). For tracking purposes, a year will be the 52 week period beginning on the first day an employee takes leave, unless the leave begins on January 1, April 1, July 1, or October 1, in which case it will be the 53 calendar weeks beginning on that day. MN Paid Leave and FMLA shall run concurrently, to the extent allowable by law.

3. MN Pregnancy and Parental Leave: This law provides up to 12 weeks of unpaid leave during pregnancy or upon the birth or adoption of a child, regardless of how long the employee has worked for the District.  MN Parenting Leave shall run concurrently with FMLA and MN Paid Leave, to the extent allowable by law.

4. Earned Sick and Safe Time: ESST is paid leave provided to employees that can be used for certain reasons, including when an employee is sick, to care for a sick family member or to seek assistance if an employee or their family member has experienced domestic abuse, sexual assault or stalking. All employees receive at least one hour of paid leave for every 30 hours worked up to a maximum of 80 hours per year.  

5. Sick/Vacation Leave: Anoka-Hennepin provides paid sick and vacation leave as set out in the applicable collective bargaining agreement or employment policy.  Vacation leave can be used for any reason, subject to approval by the employee’s immediate supervisor.  Sick leave can be used for ESST purposes and any additional reasons laid out in the applicable collective bargaining agreement or employment policy.  

IV. USE OF LEAVE

Requests for leave shall be made by emailing leaves@ahschools.us. Employees must give 30 days’ written notice of a leave of absence where possible and practicable. The failure to provide the required notice may result in a delay of the requested leave. Employees are expected to make a reasonable effort to schedule leaves resulting from planned medical treatment so as not to disrupt unduly the operations of the school district, subject to and in coordination with the health care provider.

An employee interested in applying for MN Paid Leave compensation must apply through the state, at mn.gov/deed/paid leave/.  Such employee should refer any questions about eligibility, approval, or MN Paid Leave payments directly to DEED.
 

1. Allowable Reasons for Sick Leave
   Allowable reasons for sick leave are defined by state and federal law, working agreements, and employment policies and may include: 
   1. For the employee's medical care, treatment, or diagnosis of a physical or mental illness, injury, or health condition or preventive care. 
   2. For an employee's family member's (as defined below) medical care, treatment, or diagnosis of a physical or mental illness, injury, or health condition or preventive care.
   3. To bond with a new child, within 12 months.
   4. Closure of the employee’s workplace due to weather or public emergency or closure of a family member’s school or care facility due to weather or public emergency.
   5. When determined by a health authority or health care professional that the employee or a family member is at risk of infecting others with a communicable disease; and
   6. To make funeral arrangements, attend a funeral service or memorial or address financial or legal matters that arise after the death of a family member.
   7. If the employee or the employee's family member (as defined below) has been the victim of domestic violence, sexual assault or abuse, or stalking, ("Covered Offense"), for reasons related to the Covered Offense to:
      1. seek legal or equitable relief to help ensure the health, safety, and welfare of the employee or the employee's family member, such as seeking a temporary or permanent restraining order; 
      2. seek medical attention; 
      3. seek psychological counseling or other mental health services; 
      4. obtain services from a domestic violence shelter, program, or rape crisis center;
      5. seek legal advice or legal services, including meeting with a civil or criminal attorney or law enforcement or filing a complaint or domestic incident report; 
      6. participate in civil or criminal legal proceedings; 
      7. participate in safety planning and take other actions to increase safety from future covered offenses, including temporary or permanent relocation and enrolling children in a new school; and
      8. take other actions necessary to maintain, improve, or restore the physical, psychological, or economic health or safety of the employee or the employee's family member or to protect those who associate or work with the employee.
          
2. Family Member Defined
   "Family member" is defined by state and federal law, working agreements, and employment policies and may include:
   
   ●    Child 
   ●    Parent or person who raised you
   ●    Spouse or registered domestic partner
   ●    Sibling 
   ●    In-laws (including son, daughter, father or mother)
   ●    Child of a sibling
   ●    Sibling of a parent
   ●    Grandparent
   ●    Grandchild
   ●    Anyone close to you who depends on you like family without the expectation of compensation for            caring for them, even if not related by blood
   
   A "child" includes a biological, adopted or foster child, stepchild, legal ward, or child to whom the employee stands in place of a parent.
   A "parent" includes a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in place of a parent when the employee was a minor child, regardless of the child's current age or dependency status.
    
3. Documentation of Proper Leave Use
   Employees who take more than seven consecutive calendar days under this policy must provide documentation that leave was used for a permitted purpose as follows: 
   1. For sick leave, provide certification from a health care provider attesting that leave was taken because of the employee's, or their family member's, illness, injury, or medical condition. Employees should not provide or request their health care provider to provide the details of any medical condition or genetic information with this certification.
   2. For safe time, provide written documentation of the authorized use of safe time, which may include signed documentation from a victim services agency, attorney, clergy member, or medical or professional services provider, a police or court record, or a notarized letter from the employee. Employees should not provide the details of any Covered Offense with this documentation.
   3. Documentation must be submitted no less than seven days after the employee returns to work.
      The District will keep all documentation regarding the reasons for leave confidential to the greatest extent practicable and as required by applicable law.
4. Coordinated Leave Benefits Under MN Paid Leave
   In accordance with MN Statute 268B, an employee may either use accrued vacation pay or sick leave or apply for Minnesota Paid Leave benefit payments. An employee is eligible for the job protections provided under MN Statute 268B while exercising either option. The District will only allow employees to supplement MN Paid Leave benefit payments with accrued sick or vacation leave to the extent required by a collective bargaining agreement.

V. INTERMITTENT LEAVE

Leave may be taken continuously or intermittently.  For non-exempt employees, intermittent leave under this policy may be taken in 15 minute increments.  For exempt employees, leave may only be taken in half or whole day increments.  Intermittent leave is limited to 480 hours per year.

VI. JOB PROTECTION

Employees returning from a leave protected under either the FMLA or Minnesota Paid Leave are eligible for reinstatement in the same or an equivalent position as provided by law. However, the employee has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the leave.  The District will also continue to pay its share of an employee’s insurance premiums during any leave taken pursuant to this policy.  If an employee is taking unpaid leave, he or she will be required to make any required premium payments to avoid a lapse in coverage. 

VII. NO RETALIATION

The District prohibits any form of retaliation or discrimination against an employee for using or attempting to use leave under this policy, and for any other reason prohibited by applicable law. Employees who believe they have been discriminated or retaliated against should report their concerns to the Director of Employee Services.