2020 Archdiocese of Atlanta Employee Policy Manual/September 2020 - Manual / Resource - Page 34
employment position to another position that better accommodates recurring periods of leave. The
position must be one for which the employee is qualified, and it must provide equal pay and
benefits.
Special Rules for school employees/instructional employees:
Section 825.110 of the FMLA Regulations outlines special rules for public and private elementary
and secondary schools.
The special rules affect the taking of intermittent leave or leave on a reduced leave schedule, or
leave near the end of an academic term (semester), by instructional employees. Instructional
employees are those whose principal function is to teach and instruct students in a class, a small
group, or an individual setting. This term includes not only teachers, but also athletic coaches,
driving instructors, and special education assistants such as signers for the hearing impaired. It
does not include, and the special rules do not apply to, teacher assistants or aides who do not have
as their principal job actual teaching or instructing, nor does it include auxiliary personnel such as
counselors, psychologists, or curriculum specialists. It also does not include cafeteria workers,
maintenance workers, or bus drivers.
Leave taken by an instructional employee for a period that ends with the school year and begins
the next semester is leave taken consecutively rather than intermittently. The period during the
summer months, when the employee would not have been required to report for duty, is not
counted against an employee’s FMLA leave entitlement.
If an eligible instructional employee needs intermittent leave or leave on a reduced leave schedule
to care for a family member with a serious health condition, to care for a covered service member,
or for the employee's own serious health condition, which is foreseeable based on planned medical
treatment, and the employee would be on leave for more than 20 percent of the total number of
working days over the period the leave would extend, the employee may be required to take leave
for a period or periods of a particular duration, not greater than the duration of the planned
treatment.
Request for an Extension:
A request for an extension must be submitted to the Chancery Office of Human Resources as soon
as possible. Requests may be handled individually based on the circumstances.
Documentation from the employee’s health care provider must be submitted to verify necessity of
the extension. A Request for Reasonable Accommodation Form may be requested.
Conclusion of Leave:
On a basis that does not discriminate against employees on FMLA leave, the employee may be
required by the immediate supervisor to report periodically on the employee’s status and intent to
return to work.
An employee who takes leave under this policy for the employee’s own illness is required to
provide a fitness for duty (FFD) clearance from the health care provider upon return.
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