Policy - GBO
EFFECTIVE DATE: 3/2/16
CANCELS SHEET DATED: 3/1/06
REVIEWED BY POLICY COMMITTEE: 1/20/16
FAMILY CARE LEAVE
This policy governs employee leave under 26 M.R.S.A. §636, (“An Act to Care for Families”), referred to in this policy as the “Family Care Act.” Leave under this policy is referred to as “Family Care Leave.”
The RSU #74 Board recognizes that under Maine’s “Family Care Act,” if RSU #74 provides paid leave under the terms of a collective bargaining agreement or employment policy, RSU #74 must allow an RSU #74 employee to use the paid leave for the care of an immediate family member who is ill.
In law and for the purpose of this policy, the following definitions apply:
- “Employer” means a public or private employer with 25 or more employees.
- “Immediate family member” means an employee’s child, parent, spouse or these recognized as a spousal relationship by State or Federal guidelines.
- “Paid leave” means time away from work by an employee for which the employee receives compensation. Paid leave is limited to sick time, vacation time, compensatory time and leave that is provided as an aggregate amount for use at the discretion of the employee for any of these purposes. Paid leave does not include paid short-term or long-term disability, catastrophic leave or similar types of benefits.
Employees may take paid leave as Family Care Leave per 12 month period provided by an applicable collective bargaining agreement.
The 12-month period shall be the same for all employees and shall be the 12-month period consistent with the 12-month period identified for RSU #74’s administration of the Family Medical Leave Act (FMLA).
An employee is not entitled to use paid leave until that leave has been earned.
Any RSU #74 employee electing to take Family Care Leave must apply such leave against all available paid leave [e.g. sick leave, personal leave, vacation leave] until all paid leave available has been exhausted, except as otherwise provided in applicable collective bargaining agreements.
Notice/verification of illness for Family Care Leave shall be the same as that required for the RSU #74 employee’s own illness. The RSU #74 employee must specify that leave is being taken pursuant to the Family Care Act.
APPLICATION OF FAMILY MEDICAL LEAVE REQUIREMENTS
For purposes of applying family medical leave requirements (i.e., FMLA), RSU #74 shall treat leave under the Family Care Act in the same manner RSU #74 treats leave for an RSU #74 employee illness. Therefore, Family Care leave and FMLA leave shall run concurrently.
Legal Reference: 26 M.R.S.A. § 636
Cross Reference: GBN/Family and Medical Leave