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  • Effective: 8/30/2016
  • Revision:

  1. Board Directive
    The Board may authorize an application to establish and operate a charter school within the geographical boundaries (Utah Code § 53A-1a-515). To assist with the Board’s decision whether to approve an application to authorize a charter school and consistent with the guidance provided by the Board, the Board delegates to the District Administration the responsibility for developing procedures to administer the policy for submitting an application to the Board seeking authorization by the Board for establishing and operating a charter school within the geographical boundaries of the District. All charter schools authorized by the Board are required to comply with federal and state laws, rules and regulations, the terms and conditions for the operation of the charter school as set forth in a written charter agreement, and any other agreement entered into with the District.Consistent with the guidance provided by the Board, the Board further delegates to the District Administration the responsibility for developing procedures to administer the policy for reviewing charter applications of charter schools within the geographical boundaries of the District which do not seek authorization by the Board of Education, but which seek authorization of a charter school from the State Charter School Board (Utah Code § 53A-1a-505).
  2. Board Authorization of Charter School Policy
    1. The Board will consider various factors in considering whether to authorize a charter school application including but not limited to the following potential concerns and benefits.
      1. Potential Concerns:
        1. Direct and indirect cost to the District
        2. Impact on District resources
        3. Burden and workload on District employees
        4. Dilution of Board focus
        5. Consequences of charter failure
        6. Long-term sustainability
        7. Financial responsibility
        8. Perceptions of employees and community
        9. Indicators of high quality education
        10. Oversight
      2. Potential Benefits:
        1. Increased high quality opportunities
        2. Specialized programs/opportunities
        3. Smaller school and classroom size
        4. Magnet schools
        5. Understanding and interacting with charter community
        6. Potential economic benefit to taxpayers
        7. Flexibility
        8. Engaging community
        9. Perceptions of employees and community
        10. Breaking boundaries
    2. Application for Authorization by the Board of Education
      1. Submission of Application for Board Consideration
        1. An application shall conform to requirements specified by the Utah Charter School Act (Utah Code
          §53A-1a-504
          ).
        2. According to the guidance provided by the Board, the District Administration will develop District charter school application procedures which may specify when applications may be submitted for Board consideration and which will specify any information required to be included in a charter application for an application submitted to the Board for its authorization of a charter school within the geographical boundaries of the District, which may include the following:
          1. the charter school's proposed curriculum, instructional program or delivery methods;
          2. a method for assessing whether students are reaching academic goals, including, at a minimum, participation in the Utah Performance Assessment System for Students under Chapter 1, Part 6, Achievement Tests;
          3. a proposed calendar;
          4. sample policies;
          5. a description of opportunities for parental involvement;
          6. a description of the school's administrative, supervisory, or other proposed services that may be obtained through service providers; or
          7. other information that demonstrates an applicant's ability to establish and operate a charter school.
        3. According to the guidance provided by the Board, the District Administration will develop District charter school application procedures which will include minimum academic, financial, and enrollment standards and timelines setting forth the when and how an application may be submitted to the Board for its authorization.
        4. The Board will review and provide written notice of its acceptance or rejection of an application within forty-five (45) days after the application is received by the Board.
      2. Rejection of Application
        1. If the Board rejects the application, it shall notify the applicant in writing of the reason for the rejection.
        2. Upon rejection:
          1. the applicant may submit a revised application for reconsideration by the Board, or
          2. the applicant may seek a charter from the State Charter School Board under Utah Code § 53A-1a-505.
      3. Approval of Application
        1. If the Board approves the application, the applicant and the Board shall set forth the terms and conditions for the operation of the charter school in a written agreement.
          1. The charter agreement shall be in compliance with Utah Code § 53A-1a-508.
          2. The charter agreement will include the authorization period established by the Board.
          3. The charter agreement may be modified by mutual agreement of the Board and the governing body of the charter school.
        2. Approval for authorization is conditioned upon the express understanding that the governing body of a charter school, the nonprofit corporation under which the charter school is organized and managed, and the charter school are solely liable for any damages resulting from any legal challenge involving the operation of the charter school.  All charter agreements will include an indemnification provision that provides that the governing body, the charter school, and any managing nonprofit corporation will fully indemnify, hold harmless, and defend the Board and District from any claims asserted against them that arise as a result of the operation of the charter school.
        3. The Board may authorize a charter school for an authorization period up to fifteen (15) years but not less than (3) years before reauthorization must be sought.
    3. Requests for Authorization by the State Charter School Board
      1. Application to State Charter School Board
        An applicant seeking authorization of a charter school from the State Charter School Board for a charter school located in the District shall provide a copy of the application to the District either before or at the same time it files its application with the State Charter School Board.
      2. District Feedback
        The Board authorizes the District Administration to review the application with the State Charter School Board and offer suggestions or recommendations to the Board.  The Board may instruct the Administration on whether to take a position on the application and on what, if any, suggestions or recommendations to then offer the applicant or the State Charter School Board prior to the State Charter School Board acting on the application.
  3. Policy Expiration
    Unless extended or expressly modified by the Board, this policy will expire on July 31, 2017.

  • Effective - 5/24/2016
  • Revision -

  1. Jordan School District will acknowledge, value, and support students, families, and the community by:
    1. Creating a welcoming culture.
    2. Fostering an inclusive environment where all students are valued.
    3. Addressing problems with efficiency and concern.
    4. Actively partnering with parents to provide educational support to students.
  2. Evidence of the above will be provided through multiple means, including:
    1. Gathering anecdotal evidence through website submissions and interactions with patrons, parents, students, and employees.
    2. Conducting and reviewing the results of School Culture and Climate Surveys with parents, students, and employees.
    3. Conducting and reviewing the results of exit surveys provided to families leaving District schools.
    4. Conducting and reviewing the results of community surveys that include patrons and partners who do not have students in school.

  • Effective - 5/24/2016
  • Revision - 9/26/2017

    The Board of Education values all employees of Jordan School District.

  1. Licensed Employees
    1. Jordan District educators will recognize they are valued by:
      1. Targeted professional development
        1. School wide, leadership team driven
        2. Self-select
        3. District wide
      2. Opportunities for growth by enhancing professional/classroom skills.
      3. Recognizing teachers as professionals and providing opportunities for educator input.
      4. Recognizing and rewarding quality performance.
    2. Evidence of the above will be provided through multiple means, including:
      1. Creating a competitive salary schedule to recruit, attract, and retain high quality teachers by:
        1. Conducting ongoing comparison studies of teacher pay and turnover rates along the Wasatch Front.
        2. Conducting and reviewing the results of teacher exit surveys.
      2. Conducting and reviewing the results of professional development needs assessment surveys and professional development exit surveys.
      3. Gathering evidence of the opportunities provided for teachers to give input and feedback.
  2. Classified Employees
    1. Jordan District classified employees will recognize they are valued through:
      1. Targeted professional development
        1. Department/site driven
        2. Self-select
        3. District wide
      2. Opportunities for growth by enhancing professional skills.
      3. Recognition of classified staff as skilled employees and providing opportunities for employee suggestions.
      4. Recognizing and rewarding quality performance.
    2. Evidence of the above will be provided through multiple means, including:
      1. Creating a competitive salary schedule to recruit, attract, and retain high quality classified employees by:
        1. Conducting comparison studies of classified employee pay and turnover rates along the Wasatch Front as the need arises.
        2. Conducting and reviewing the results of classified employee exit surveys.
      2. Conducting and reviewing the results of the bi-yearly Contract Classified Employee Survey.
      3. Gathering anecdotal evidence of the opportunities provided for classified employees to give suggestions and feedback.

  • Effective: 11/24/2015

  1. Board Directive
    The Board recognizes the need to provide consistency in the way that admission prices for extracurricular activities and performances are established.  The Board delegates to the District Administration the responsibility to administer this policy.
  2. Administrative Policy
    Admission charges to extracurricular activities and performances must be established at each level as outlined below:

    1. High schools may charge admission to attend student extracurricular activities and performances.  Each school program may determine the price of admission for performances in cooperation with the administration.  Schools are encouraged to consider special pricing for families and senior citizens. Admission prices for activities and athletic events that are overseen by the Utah High School Activities Association will be determined in accordance with the appropriate region policies.
    2. Middle schools may charge admission for extracurricular performing arts events, including drama, dance, music, and other performances.  The School Community Council must approve the amount being charged for admission in advance (up to $5.00 per person).  Schools should consider the royalty implications of charging for performances.  Schools are encouraged to offer family passes and senior discounts.
    3. Elementary schools are not authorized to charge admission to student performances.

Effective: 10/27/2015
Revision:


The Board requires an attorney who is guided primarily by the Board’s policies and philosophies; one who seeks to put Board policies and views into effect rather than the potentially differing views of the administration.

  1. The Board expects its directions and wishes to be incorporated into administrative action when counsel regularly interacts with the Board and clearly understands their positions and directions to administrative staff.
    1. Board Counsel, like the members of the administration, works for the Board and is accountable to implement the policies and philosophies of the Board.
    2. Board Counsel provides frequent interaction with the Board and receives regular input from the Board so that counsel can better understand the attitudes and concerns of the Board and can efficiently assist in their implementation.
    3. Board Counsel works with administration to avoid courses of action which could be inconsistent with the direction and ideals of the Board.
    4. Board Counsel alerts the Board to potential issues, assesses the Board’s position on issues, and obtains timely clarification regarding Board intentions.
  2. Should any Board member express concern about possible legal counsel conflict of interest, that concern may become an immediate item on the next monthly Board agenda, so that any perceived conflict can be resolved and the entire Board can be satisfied with the legal counsel representation.

Effective - 09/25/2012
Revision - 5/23/17
Reviewed - 9/22/2015


The Superintendent will not cause or allow conditions, procedures, or decisions, which interfere with student achievement or which are unsafe, undignified, inequitable, discriminatory, or unnecessarily intrusive in his/her interactions with students and their families or those enrolling to be students.

Further, without limiting the scope of the aforementioned statement, he/she will not:

  1. Fail to implement policies, procedures and practices which promote the health and safety of the students.
  2. Fail to implement policies, procedures and practices that welcome and encourage parents to participate in their child’s education.
  3. Fail to be considerate of and sensitive to racial, ethnic, and cultural issues as well as community values.
  4. Fail to establish with students and their families, in a timely manner, a clear understanding of what may be expected and what may not be expected from Jordan School District services.
  5. Fail to operate facilities with appropriate accessibility.
  6. Use application forms that elicit information for which there is no clear necessity.
  7. Use methods for collecting reviewing, transmitting, or storing student and family information that fail to protect against improper access to the material elicited.  Privacy shall be protected by strict use of best practices and in compliance with all legal requirements.
  8. Fail to have clear accountability measures in fundraising activities that require the participation of students.
  9. Fail to inform students and their families of this policy in a timely manner, or to provide a way to be heard for persons who believe they have not been accorded a reasonable interpretation of their protections under this policy.
  10. Fail to provide for effective handling of grievances in a timely manner.

  • Effective: 8/25/2015
  • Revision: 8/30/2016
  • Reviewed:

  1. Board Directive
    This policy is adopted in conformance with the provisions of Nursing Mothers in the Workplace, Utah Code § 34-49-101 et seq and the Utah Antidiscrimination Act, Utah Code § 34A-5-101 et seq.  The Board delegates to the District Administration the responsibility for developing and administering the policy for nursing mothers in the workplace and reasonable accommodations for pregnancy, childbirth, breastfeeding or related conditions.
  2. Administrative Policy
    1. Reasonable Breaks
      With regard to a breastfeeding employee, the District shall provide, for at least one year after the birth of the employee’s child, reasonable breaks to accommodate the employee’s needs to breast feed or express milk.  The District shall consult with the employee to determine the frequency and duration of the breaks.  A break shall, to the extent possible, run concurrent with any other break period otherwise provided to the employee.
    2. Private Location
      The District shall provide for a breastfeeding employee a room or other location in close proximity to the breastfeeding employee's work area.  The room or location may not be a bathroom or toilet stall.  The room or location shall be maintained in a clean and sanitary condition, provide privacy shielded from the view of and intrusion from coworkers or the public, be available for the reasonable breaks as determined in consultation with the District and have an electrical outlet.The District is not required to provide a room or other location if compliance would create an undue hardship on the operations of the District by causing the District significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the District's operations.
    3. Refrigerator or Freezer
      The District shall provide access to a clean and well-maintained refrigerator or freezer for the temporary storage of a breastfeeding employee's breast milk.  For any District employees who do not work in an office building, the District may instead provide a non-electric insulated cooler for storage of the breast milk.
    4. Reasonable Accommodation
      The District will provide a reasonable accommodation for an employee related to pregnancy, childbirth, breastfeeding or related conditions.
      In considering a request for a reasonable accommodation, the District will require a certification from the employee’s health care provider concerning the medical advisability of a reasonable accommodation which must include:

      1. the date the reasonable accommodation becomes medically advisable;
      2. the probable duration of the reasonable accommodation; and
      3. an explanatory statement as to the medical advisability of the reasonable accommodation.

      The District is not required to permit an employee to have the employee’s child at the workplace for purposes of accommodations for pregnancy, childbirth, breastfeeding or related conditions.

  • Effective: 10/28/2014
  • Revision:
  • Reviewed:

  1. Board Directive
    Jordan School District is committed to providing a safe and civil school environment in which all members of the school community are treated with dignity and respect.  The Board, therefore, delegates to the District Administration responsibility for establishing policy regarding bullying and cyberbullying.
  2. Administrative Policy
    The Administration shall take appropriate disciplinary action when students or employees engage in bullying or cyberbullying.

    1. Definitions
      1. Bullying:  aggressive behavior that is intentional and that involves an imbalance of power or strength.  A student or employee is being bullied or victimized when he or she is exposed, repeatedly and over time, to negative actions on the part of one or more students or employees.
        1. Physical bullying including but not limited to hitting and/or punching
        2. Verbal bullying including but not limited to teasing or name calling
        3. Non-verbal or emotional bullying including but not limited to intimidation through gestures, social exclusion and relational aggression
        4. The conduct described above constitutes bullying, regardless of whether the person against whom the conduct is committed directed, consented to, or acquiesced in, the conduct.
      2. Cyberbullying:  aggressive behavior that is sent via internet, cell phone, or another device to send or post text, video, or an image with the intent or knowledge, or with reckless disregard, that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the electronic communication.
      3. Harassment:  repeatedly communicating to another individual, in an objectively demeaning or disparaging manner, statements that contribute to a hostile learning or work environment for the individual (See Policy AS94—Student Discrimination and Harassment and DP358—Employee Discrimination and Harassment).
      4. Retaliation:  an  act of communication intended:
        1. As retribution against a person for reporting bullying, cyberbullying, or harassment; or
        2. To improperly influence the investigation of, or the response to, a report of bullying.
    2. Prohibitions
      1. No school employee, student, or patron may engage in bullying, cyberbullying or harassing a school employee or student:
        1. On school property
        2. At a school related or sponsored event
        3. On a school bus
        4. At a school bus stop
        5. While the school employee or student is traveling to or from a location or event described above.
      2. No school employee or student may engage in cyberbullying a school employee or student at any time or in any location.
      3. No school employee or student may engage in retaliation against:
        1. A school employee
        2. A student
        3. An investigator for, or witness of, an alleged incident of bullying, harassment, cyberbullying, or retaliation
      4. No school employee or student may make a false allegation of bullying, cyberbullying, harassment, or retaliation against a school employee or student.
      5. Any bullying, cyberbullying, or harassment, that is found to be targeted at a federally protected class is further prohibited under federal anti-discrimination laws and is subject to compliance regulations from the Office for Civil Rights (see Policy AS94—Student Discrimination and Harassment).
    3. Guidelines
      1. Each reported complaint shall include:
        1. Name of complaining party
        2. Name of offender (if known)
        3. Date and location of incident(s)
        4. A statement describing the incident(s), including names of witnesses (if known)
      2. Each reported violation of the prohibitions noted previously shall be promptly investigated by a school administrator or an individual designated by a school administrator.  Formal disciplinary action is prohibited based solely on an anonymous report of bullying, hazing, or retaliation.
      3. Violations of the prohibitions noted previously may fall under District Policy AS67—Discipline of Students and the consequence(s) may include but are not limited to:
        1. Student suspension or removal from a school-sponsored team or activity, including school-sponsored transportation;
        2. Student referral, under District Policy AS67—Discipline of Students, or a lesser disciplinary action which may merit student suspension or expulsion from school
        3. Employee suspension or termination for cause or lesser disciplinary action
        4. Employee reassignment
        5. Other action against student or employee as applicable
      4. Action to include when appropriate:
        1. Procedures for protecting the victim and other involved individuals from being subjected to:
          1. further bullying, cyberbullying, or harassment
          2. retaliation for reporting the bullying, cyberbullying and harassment
        2. Referral of victim and/or aggressor to school psychologist, counselor, or other appropriate support personnel
        3. Procedures for a fair and timely opportunity for the accused to explain the accusations and defend his/her actions prior to student or employee discipline.
        4. Incidents of bullying, cyberbullying, harassment, and retaliation will be reported to the Superintendent or Superintendent’s designee.
        5. Procedures for providing local employee discipline rights under DP 316—Orderly Termination Procedures for employee discipline and District Policy AS67 —Discipline of Students prior to long-term (more than 10 days) student discipline should be followed as appropriate.
    4. Training and Additional Considerations
      The training of school employees shall include training regarding bullying, cyberbullying, harassment, and retaliation.

  • Effective: 7/1/13
  • Revision: 6/13/17
  • Reviewed:

  1. Board Directive
    The Board of Education recognizes the need for all administrative employees to have a vacation from their regular assigned positions.  All contracted administrative employees are eligible to participate in the administrator vacation program.  The Board delegates to the District Administration the responsibility for developing and administering the administrator vacation policy.
  2. Administrative Policy
    The following administrative policy provisions shall be used for administering the administrator vacation policy:

    1. Administrators will receive twenty (20) vacation days at the beginning of each contract year (frontloaded on July 1).
      1. Administrators earn these days pro rata during the contract year.
      2. Administrators hired after July 1 will receive a prorated number of vacation days that are available to be used on the day that the administrator’s contract begins (frontloaded).  If an administrator resigns or is terminated prior to the end of the contract year, the vacation pay-out amount will be prorated based on the percentage of contract worked, and:
        1. The employee will be compensated, at his/her daily rate (base pay only), for all earned vacation leave not used; or
        2. The employee will be required to reimburse the District, at his/her daily rate (base pay only), for any unearned vacation leave taken.
    2. Vacation days may not be accumulated from one year to the next.  However, vacation days allowed for the current and/or previous year may be taken during June, July, and August with approval of the immediate supervisor.  After August 31, the vacation allowance may not exceed the days accrued for the current year.   Any earned vacation over twenty (20) days not used prior to September 1 will be forfeited.
    3. Generally, vacation leave is to be scheduled during off-peak work seasons.  Employees must submit vacation leave requests, with reasonable advance notice, to their supervisor for approval.
      1. School administrator vacation days are to be used when school is not in session (non-student days).  Year-Round Education (YRE) administrators are exempted from this requirement.
      2. School administrators, not including YRE administrators, may use up to five (5) of their vacation days when school is in session provided that the vacation leave is pre-approved by a supervisor. Taking three (3) or more vacation days in a row when school is in session requires approval fourteen (14) days in advance by the appropriate Administrator of Schools.
    4. Policy DP344 Vacation Schedule for Twelve-Month Personnel does not apply to administrators qualifying under this policy.

  • Effective: 9/17/02
  • Revision:
  • Reviewed: 5/28/13

  1. Board Directive
    The District’s Family and Medical Leave policy is designed to comply with the provisions of the Family and Medical Leave Act (FMLA), 29 USC 2601.  This law entitles eligible employees to receive up to 12 workweeks of unpaid leave each school year (July 1–June 30) for serious medical conditions.  An eligible employee shall be required to use accrued personal leave, family leave, sick leave, and vacation leave, as applicable, prior to the use of leave without pay for the family and medical leave period.  The Board delegates to the Administration responsibility for establishing policy for Family and Medical Leave Benefits.
  2. Administrative Policy
    The Family and Medical Leave policy shall be administered according to the following administrative policy provisions:

    1.  Definitions
      1. An “eligible employee” means any employee who has been employed for at least 12 months by the District and worked for at least 1,250 hours during the 12-month period immediately preceding the commencement of leave.
      2. The term “employment benefits” means all benefits provided by the District to its employees such as group life insurance, health insurance, disability insurance, sick leave, personal leave, vacation leave and pension or retirement benefits.
      3. The term “eligible family member” means a spouse, son, daughter or parent of the eligible employee.
      4. The term “spouse” is defined in accordance with applicable Utah State law.
      5. The term “son or daughter” means biological, adopted, or foster child, a stepchild, or a legal ward, or a child of a person standing in loco parentis.  A child is less than 18 years of age, or older than 18 years, but incapable of self-care due to mental or physical disability.
      6. The term “parent” means the biological parent of the eligible employee or an individual who stands or stood in loco parentis to an employee when the employee was under 18 or incapable of self-care.  This does not include parents-in-law.
      7. The term “serious health condition” means an illness, impairment, or physical or mental condition that requires:
        1. Inpatient care in a hospital, hospice, or residential medical facility; and any period of incapacity or subsequent treatment in connection with such inpatient care, or
        2. Continuing treatment certified as required by a health care provider.
      8. The term “health care provider” means:
        1. Doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
        2. Any person determined by the secretary of labor to be capable of providing health care services (§29 C.F.R.–825.118); or
    2. Entitlement to Leave
      An eligible employee is entitled to 12 workweeks of leave without pay each school year, (July 1–|June 30) in the event of any of the following:

      1. The birth of a son or daughter of the employee and to care for that son or daughter;
      2. The placement of a son or daughter with the employee for adoption or foster care;
      3. An eligible family member has a serious health condition; or
      4. The employee suffers from a serious health condition that makes the employee unable to perform the essential functions of the employee’s position.
    3. Relation to Other Non-Paid Leave
      Any employee who is entitled to unpaid leave under any other District policy shall be limited to the additional weeks of leave necessary to attain the total 12 workweeks of leave provided by this policy.
    4. Relation to Other Leave
      The District shall require the employee to use accrued personal leave, family leave, sick leave, and vacation leave, as applicable, before the use of leave without pay for the family and medical leave period.  Existing District policy governing appropriate use of sick, personal leave, and vacation days are applicable.  If an employee uses accrued compensatory time, that leave time may not be counted against the FMLA leave entitlement.  The total family leave period, whether paid or unpaid, shall not exceed 12 workweeks.
    5. Employee Leave Notice
      Employees, or an appropriate representative, shall submit a request for family or medical leave 30 days in advance when the need for the leave is foreseeable, or as soon as possible in emergencies.
      The District may designate FMLA leave after the fact only:

      1. If the reason for leave was previously unknown, provided the reason for leave is made within two business days after the employee's return to work; and
      2. The District has preliminarily designated the leave as FMLA pending medical certification.
    6. Intermittent Leave
      Leave due to a serious health condition of an employee or eligible family member may be taken intermittently or on a reduced schedule when medically necessary.  The employee requesting intermittent leave or leave on a reduced leave schedule for planned medical treatment must develop a schedule with his or her immediate supervisor, and, based on input from the health care provider, meets the District’s needs without unduly disrupting the District’s operation.  If an employee requests intermittent leave or leave on a reduced schedule for a foreseeable, planned medical treatment, the District may require the employee to transfer temporarily to an available alternative position with equivalent pay and benefits that better accommodates recurring periods of leave.  The District will make the determination as to whether a position is an equivalent position.
    7. Required Documentation
      The District shall document leave requests which qualify as FMLA leave, and will designate any qualifying leave taken by employees as FMLA leave.  All leave qualifying as FMLA leave shall be designated as such and shall be subject to all provisions of this rule.  No other leave shall be granted until the employee has exhausted his/her 12-week entitlement under FMLA.  The District shall notify the employee in writing of the designation of FMLA within two business days, or as soon as a determination can be made, that the leave requested qualifies as FMLA if the preliminary information is not sufficient to make such determination.
      Written notice to employees shall include the following information:

      1. That the leave will be counted against the employee’s annual FMLA entitlement.
      2. Any requirements for the employee to furnish medical certification of a serious health condition and the consequences for not doing so.
      3. A statement explaining that the employee will be required to exhaust unused personal leave, family leave, sick leave, and vacation leave, as applicable, before going into unpaid leave status.
      4. Any requirement for the employee to make any premium payments to maintain health benefits and the arrangements for making such payments, and the possible consequences of failure to make such payments on a timely basis.
      5. Any requirement for the employee to present a medical release before being restored to employment.
      6. The employee’s right to restoration to the same or an equivalent job upon return from leave.
      7. The employee’s potential liability for payment of health insurance premiums paid by the District during the employee’s unpaid FMLA leave if the employee fails to return to work after taking FMLA leave.
    8. Spouses of Employees Employed by the District
      In any case, where both husband and wife are employees of the District and both seek leave under this policy, such leave shall be limited to an aggregate 12 workweeks during any 12-month period if:

      1. Leave is sought to care for a newborn daughter or son or the adoption of a daughter or son; or
      2. Leave is sought to care for a sick parent.
      3. If the leave is requested for either the husband’s or the wife’s own serious illness or the serious health condition of the couple’s son or daughter, the aggregate 12-workweek limitation in the FMLA does not apply.
    9. Required Medical Certification for Leave
      A certificate issued by a health care provider of the eligible employee or the eligible family member must support all requests for leave under this policy.

      1. The Certificate: “Medical Certification Statement—Employee’s Own Serious Illness” or “Medical Certification Statement for Family Members,” shall be provided within 15 days after leave is requested.
      2. A certificate is sufficient if it states:
        1. the date on which the serious health condition commenced.
        2. the probable duration of the condition
        3. the appropriate medical facts regarding the condition
        4. a statement that the serious medical condition prevents the employee from performing the essential tasks of the applicable employment position or that it requires the employee to attend and care for an eligible family member.
      3. The District may require, at its option and expense, second or third certifications in support of a request for leave.
      4. The District shall require recertification of the necessity for the family or medical leave at reasonable intervals, but not more than every 30 days, unless:
        1. the employee requests an extension of leave.
        2. circumstances described in the previous certification has changed significantly; or
      5. the District receives information that casts doubt on the continuing validity of the certification.
    10. Required Medical Certification for Return
      All employees returning from leave caused by a serious health condition shall provide a certificate addressing the employee’s fitness for duty issued by a health care provider of the eligible employee.

      1. The certificate shall be provided at least seven calendar days before the requested return date.
      2. A certificate is sufficient if it states:
        1. the employee is medically fit to return to work in the previous position.
        2. the appropriate medical facts regarding the employee’s fitness to return to work.
        3. a statement that the serious medical condition no longer prevents the employee from performing the essential tasks of the position.
      3. The District may require, at its option and expense, second or third certification in support of a request to return to work.
    11. Restoration of the Employee
      An employee who takes a leave complying with the provisions of this policy is entitled upon return from leave to:

      1. Be restored to the position held by the employee prior to leave; or
      2. Be provided an equivalent position in terms of benefits, pay and other terms and conditions of employment.
      3. A determination as to whether a position is an equivalent position will be made by the District.
    12. Denial of Restoration
      The District may deny restoration of status or equivalent position, if:

      1. The denial is necessary to prevent substantial and grievous economic injury to the operations of the District.
      2. The District notifies the employee that it intends to deny restoration when it determines that injury to the employee would occur.
      3. The employee elects not to return to employment.
    13. Effects on Benefits
      During the family or medical leave period, the District shall continue to pay its portion of the employee’s group health insurance premium. An employee on family or medical leave must continue to pay his or her portion of the health insurance premium in order to keep coverage in effect.
    14. Non-Accrual of Seniority
      An employee is not entitled to the accrual of any seniority or employment benefits that would have accrued if not for the taking of family or medical leave. An employee who takes family or medical leave will not lose any seniority or employment benefits that accrued before the date leave began.
    15. Failure to Return
      If an employee fails to return to work after unpaid FMLA leave has ended, the District may recover, with certain exceptions, the health insurance premiums paid by the District on the employee’s behalf during unpaid leave.  An employee is considered to have returned to work if he or she returns for at least 30 calendar days.  An exception to this may be made if an employee’s circumstances change unexpectedly beyond their control during the leave period, which make them unable to return to work at the end of twelve workweeks.  Medical certification is required.
    16. Rules Applicable Near End of School Year
      If the employee begins leave more than five weeks prior to the end of the school year, the District may require the employee to continue taking unpaid leave until the end of the school year if:

      1. The leave requested is of at least three weeks duration; and
      2. The return to employment would occur during the one-week period before the end of the school year.
    17. Leave Less Than Five Weeks Prior to the End of School Year
      If the employee begins leave for reasons other than a personal serious health condition which commences less than five weeks prior to the end of the school year, then the District may require the employee to continue to take unpaid leave until the end of the school year if:

      1. The leave requested is of greater than a two-week duration; and
      2. The return to employment would occur during the two-week period before the end of the school year.
    18. Leave Less Than Three Weeks Prior to End of School Year
      If the employee begins leave for reasons other than personal serious health conditions during the period that commences three weeks prior to the end of the school year and the leave is greater than five working days, then the District may require the employee to continue to take unpaid leave until the end of the school year.
    19. Application for Leave
      Forms for application and certification of FMLA are available in the Department of Human Resources office.  Medical records created for the purpose of FMLA and the Americans with Disabilities Act must be maintained in a separate, confidential file.
    20. Posting of Notice
      A notice of rights under this policy, approved by the Secretary of Labor, shall be posted by the District in a conspicuous place on school or District office premises.