DDAB-AP: Extended Leave: Health Restoration Leave
CLASSIFIED STAFF
In the event of an extended illness, the employment of a classified staff member shall be maintained until the following events occur:
- Paid sick leave is exhausted
- 60 workdays have passed since onset of illness as determined by the classified employee’s physician or by one provided by the district
When both of the above events have occurred, the district may consider extending leave for health restoration.
Benefits
During the period of the illness, the district’s portion of employment benefits (medical, dental, vision, and long-term disability insurance) will continue until all sick leave has been used or 60 workdays have passed, whichever is longer, since the initial onset of the illness as determined by the classified employee's physician or by one provided by the district. A classified employee who is scheduled for 30 hours or more per week is eligible for long term disability benefits through the district's insurance carrier. The employee also has the option to purchase medical, vision and dental insurance after the district coverage expires under rules established by the Consolidated Omnibus Reconciliation Act (COBRA).
Employee group term life insurance benefits will be paid by the district until the end of the waiver of premium eligibility period.
Return-to-Duty Requirements
After an illness of thirty or more working days, a classified employee must have the written concurrence to return to work by the employee's healthcare provider or by one provided by the district.
PROFESSIONAL TEACHING STAFF
A professional teaching staff member may apply for unpaid health restoration leave of absence when the professional teaching staff member has used applicable paid and Family Medical Leave Act (FMLA) leave for those employees FMLA eligible. Leaves under this policy may be granted for a period of time consistent with the medical doctor's statement but not to exceed twelve (12) months less all paid and FMLA leave used. After this period, the professional staff member must reapply for extended leave, and the Superintendent shall determine if granting additional leave is a reasonable accommodation under ADA or if the employee should be considered for discharge in accordance with NDCC 15.1-15-07.
Benefits
During the period of illness, the district portion of employment benefits (medical, dental, vision, and long-term disability insurance) will continue until all sick leave has been used or 60 workdays have passed (whichever is longer). When making this calculation, the district shall use the date of the illness/disability onset as the start date. The onset date shall be certified by a healthcare provider of the employee’s or district’s choice. After this period, the professional staff member will be offered dental, vision and health insurance benefits through COBRA at their expense. The district shall pay group term life insurance benefits until the waiver of premium eligibility period.
Extension
The Administration may, upon the professional staff member’s request and with proper medical certification, extend health restoration leave for a period of time not to exceed one (1) year. Such extension, if granted, shall be upon the same conditions as the original leave.
Return to Duty
After an illness of 30 or more days, an employee must provide the district with a return-to-duty release from their healthcare provider, or a healthcare provider selected by the district.
At the conclusion of the leave of absence, a statement must be submitted from a healthcare provider showing that the health of the professional staff member concerned is such that s/he is able to return to their position with reasonable accommodations, if applicable.
Provided that written notice of intent to return is submitted in accordance with regulations, employees on leave will be assured of a position in the school system at the conclusion of the leave, but reassignment to the same school or teaching area is not guaranteed. Instructional staff granted health restoration leave are still subject to the reduction-in-force policy. Instructional staff are subject to the return-to-duty restrictions contained in the FMLA regulations. Failure to submit the written notice of intent to return in accordance with regulations shall be deemed to be a voluntary resignation and waiver of the right to re-employment.
Adopted: 03/26/79
Reviewed:
Revised: 12/21/84, 03/13/89
01/25/93, 04/10/95
06/29/98, 10/26/98
07/27/09, 02/02/16
03/09/21