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Human Resources

Maternity, Paternity, Adoption and Foster Care Leave                   631

The Family Medical Leave Act provides for up to twelve weeks of leave per calendar year for maternity, paternity, adoption and foster care leave for qualified employees.

A husband and wife who are both eligible for FMLA and are employed by the Harrisonburg City School Division shall be granted FMLA only for a combined total of twelve (12) weeks per school calendar year when the leave is taken for the birth, foster placement, or adoption of a child or to care for the child after birth, adoption, or foster placement.

Additional information on, but not all applicable provisions of, the FMLA law are found in Policy #661. Employees are subject to the full provisions of FMLA, including any interpretations of the Act by the Superintendent or School Board made prior to or during the consideration of a leave request.  A copy of the Act is available on-line at the U.S. Department of Labor's website.  It is the employee's responsibility to review the contents of the law and to seek information on FMLA from the Human Resources Director whenever a leave request is contemplated.

It is the intent of the School Board that this leave is to be consecutive, not intermittent.  It shall be the policy of Harrisonburg City Public Schools to permit employees to use up to a total of fifteen (15) days of their available sick or personal leave for maternity, paternity, adoption or foster care leave as part of, and not in addition to, the total twelve weeks of leave.  Such paid leave is also intended to be consecutive, not intermittent.  The use of paid sick leave must commence no later than 12 weeks after the birth, adoption or foster care placement of a child.  The remaining nine weeks, or any portion thereof, of the twelve weeks of total leave, shall be without pay except as provided below.

In case of maternity leave, additional paid sick leave may be used beyond the fifteen (15) days if required due to the mother's health/recovery time. A physician's certification, as provided in Regulation #661-R1, specifying the number of days the employee shall miss work due to such health condition is required.

Appropriate leave request forms shall be submitted to the employee's principal or immediate supervisor and then to the Human Resources Director prior to the beginning of the leave. Final authorization for the leave shall be made by the Superintendent or his/her designee.

Legal References:

Cross Reference:
  • Policy #661 - Family and Medical Leave Act (FMLA)

Adopted: June 25, 1991
Revised: August 21, 2007
February 17, 2009
June 2, 2009

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