33-7. FMLA Leave
Bargaining unit employees who have been employed for at least twelve months and who have worked a minimum of 1,250 hours of service during the previous twelve-month period shall be entitled to unpaid leave under the Family and Medical Leave Act (FMLA) as set forth in Appendix G.
33-7.1. Parental and Supplemental Leave (900 Hours for 10 month employees) (1250 Hours for 52 week employees).
The Parental and Supplemental Leave Policy, Section 513.3, Board Report 23-0928-PO4 adopted September 28, 2023 is hereby incorporated into the Agreement by reference. Full-time PSRPs are provided with the same supplemental parental leave rights as full-time appointed teachers.
33-7.1(a).
An eligible full-time appointed teacher or full-time PSRP who is the birth or non-birth parent of a newborn, newly adopted, or newly fostered child may request parental and supplemental leave. The paid parental leave must be taken within one (1) year of the child’s birth, adoption, or foster care placement. Birth parents who are ineligible for FMLA/Parental Leave may use benefits through the short-term disability plan. The full-time appointed teacher and full-time PSRP positions shall be job protected during the first period of ten successive school months of parental leave or to the end of the semester immediately following said ten months upon the written request of the full-time appointed teacher or full-time PSRP for such extension, subject to the approval of the BOARD. Parental leave may be terminated before the expiration of ten successive school months upon the written request of the full-time appointed teacher or full-time PSRP.
33-7.1(b).
Supplemental parental leave taken subsequent to the effective date of this Agreement shall be for a period of not more than four years from the date on which such leave becomes effective. Continuous supplemental parental leaves shall not exceed eight years. Consistent with the BOARD Parental and Supplemental Leave Policy, Section 513.3, upon the conclusion of the supplemental leave, if the appointed tenured teacher thereafter does not return, the position shall be declared vacant, provided however, that upon reporting for duty at the expiration of the parental and supplemental leave, the teacher shall be eligible for immediate assignment. Non-tenured teachers and full-time PSRPs who plan to return after losing job protection will be required to actively search and apply for vacant positions they are qualified for. If the non-tenured teacher or full-time PSRP is unable to obtain a new position, they will be separated from service at the conclusion of the supplemental leave duration, not to exceed eight (8) years. Benefits shall be maintained in accordance with Board Rule 4-12.
33-7.1(c). Surrogacy Leave.
The BOARD shall provide bargaining unit employees who are acting as gestational surrogates up to eight (8) work weeks of paid leave for their own recovery from routine childbirth. If postpartum complications arise that require additional leave beyond the routine recovery period, the employee may receive up to a maximum total of twelve (12) work weeks of paid leave. Sufficient medical certification must be provided in order to approve the additional leave time. Such paid leave may only be taken once per birth event and must be taken within twelve (12) weeks following the event. Any unused paid leave will be forfeited.
33-7.2.
The provisions of Board Rule 4-12 pertaining to adoption shall be amended to provide that teachers shall be eligible to apply for parental leave if they accept for adoption a child less than five years of age.
33-7.3.
A teacher on parental leave may be permitted to serve as a day-to-day substitute at the daily rate paid such a teacher, except when a teacher granted such a leave shall be eligible for sick pay. A teacher so employed as a day-to-day substitute will not be permitted to count such employment to extend the leave nor for purposes of salary adjustment.