The District allows eligible employees to take a leave for up to 12 work weeks in a 12-month period under the Family Medical Leave Act (FMLA). The District will follow the rules of FMLA to determine eligibility and acceptable reasons.
Employee Notice and Medical Certification
When a leave is foreseeable, the employee must give at least 30 days’ advance notice of when and how much leave he or she needs. When leave is not foreseeable, the employee must provide notice as soon as practicable.
The District may require an employee to submit certification from a healthcare provider to substantiate a leave request. If the certification is incomplete or insufficient, the District will identify in writing what information the employee must provide to correct the deficiency within seven days. If the employee fails to timely provide the requested information, the District may deny his or her FMLA leave request.
The District may also request a second opinion regarding the employee’s medical status from a healthcare provider of its choice at its expense and a third opinion from a provider agreed upon by the District and the employee to be paid for by the District.
12-Month Period
The District will use a “rolling” 12-month period measured backward from the date of any FMLA leave usage.
Concurrent Leave
Employees must use all eligible paid leaves concurrently with periods of FMLA leave.
Intermittent Leave
FMLA leave that is taken at the end of the school year and resumes at the beginning of the next school year is continuous leave. The period during summer vacation is not counted against an employee’s FMLA entitlement; the employee will continue to receive any benefits that are customarily given over the summer break. If intermittent use of leave is allowed under FMLA, the District will allow this type of leave in whole or half day increments.
If an instructional employee request intermittent leave or leave on a reduced schedule, and will be on that leave for more than 20% of the number of working days during that period, the District may:
- Require the employee to take leave for a period or periods of a particular duration not greater than the duration of the planned treatment; or
- Transfer the employee temporarily to an available alternative position for which the employee is qualified which has equivalent pay and benefits and which better accommodates recurring leave periods than the employee’s regular position.
Nursing Mothers (Breastfeeding/Lactation)
The District will provide reasonable unpaid break time or permit the use of paid break time or meal time to allow an employee to express breast milk for their nursing child each time the employee has reasonable need to express breast milk for up to three years following childbirth.
Upon employee request, the District will designate a room or other location to be used by the employee to express breast milk which will be in close proximity to the work area, well lit, shielded from view, and free from workplace or public intrusion. The location will, at a minimum, contain a chair, a working surface, nearby access to clean running water, and an electrical outlet.
The location will not be a restroom or toilet stall. The District will provide access to refrigeration for the purposes of storing expressed milk.
If the sole purpose of the location is not dedicated for use by employees to express breast milk, the location will be made available to employees when needed and will not be used for any other purpose while in use. The District will provide notice to all employees as soon as practicable when the location has been designated for use by employees to express breast milk.
At the employee's option, the District will allow the employee to work before or after their normal shift to make up the amount of time used during the unpaid break time(s) so long as the additional time requested falls within the District's normal work hours.
The District will provide a written notification regarding the rights of nursing employees to express breast milk in the workplace to each employee upon hire, annually thereafter, and to employees returning to work following the birth of a child. This notice is included at the end of this policy.
Chenango Valley Central School District is committed to supporting nursing employees by providing reasonable accommodations for expressing breast milk in the workplace. As required by law, the District will provide reasonable unpaid break time, or permit the use of paid break time or meal time, for employees to express breast milk for their nursing child for up to three years following childbirth.
Designated Lactation Space
Upon request, the District will provide a designated room or location for employees to express breast milk. This space will:
Be in close proximity to the employee’s work area.
- Be well-lit, shielded from view, and free from workplace or public intrusion.
- Contain a chair, a working surface, nearby access to clean running water, and an
- electrical outlet. Not be a restroom or toilet stall.
- Be made available exclusively for lactation purposes when in use.
The District will also provide access to refrigeration for the purpose of storing expressed milk.
Requesting a Lactation Space
Employees who wish to request a designated lactation space may do so by submitting a written request to their supervisor. The District will respond to such requests within a reasonable time frame, not to exceed five business days.
Additional Work Schedule Accommodations
At the employee’s option, the District will allow an employee to make up any unpaid break time used for expressing breast milk by working before or after their normal shift, provided the additional time falls within the District’s normal work hours.
Non-Discrimination and Retaliation Protections
The District strictly prohibits discrimination or retaliation against any employee who chooses to express breast milk in the workplace.