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Policy-Code-GCCA

Family and Medical Leave Act (FMLA)

Section G: Personnel

Policy Title: Family and Medical Leave Act (FMLA)
Policy Code: GCCA

Print Version (in PDF)

Family and Medical Leave Act (FMLA)
The District shall fully comply with the Family and Medical Leave Act and all interim and final regulations interpreting the FMLA issued by the U.S. Department of Labor. Accordingly, all policies and regulations that refer to "family leave" or "Family Medical Leave" shall be interpreted in a manner consistent with the Family and Medical Leave Act.

Parental Leave
Employees may be eligible for 12 weeks of paid parental leave (at one hundred percent of the eligible District employee’s normal hourly/daily rate at time of leave, not including supplemental positions, special pay, or other) upon the occurrence of a qualifying event:

  • Birth, stillbirth, miscarriage of employee’s child;
  • Be a spouse or committed partner of an employee who has given birth to a child;
  • Have adopted a child, been placed with a foster child with the goal of adoption or have guardianship placement of a child up to the age of 17. The adoption of a new spouse’s child is excluded from this policy;
  • Surrogacy.

To be eligible for parental leave, an employee must be benefits-eligible and must have been employed by the District for at least 12 continuous months immediately prior to the start of the requested paid leave.

For those employees who are eligible under the FMLA, paid parental leave must run concurrently with any Family and Medical Leave taken. For all employees, paid parental leave must run concurrently with any other unpaid leave to which the eligible District employee may be entitled as a result of the qualifying event.

All required (e.g., ASRS, FICA, etc.,) and elective (e.g., medical insurance, supplemental life, etc.) payroll deductions will be withheld from employee’s pay during paid parental leave.

Days of paid parental leave taken under this policy must be taken consecutively. Paid parental leave does not carry over for future use and employees cannot donate the leave to another employee. Leave may be taken for no more than one qualifying event, regardless of whether more than one event occurs within that 12-month timeframe.

When both parents are employees of the District who meet eligibility guidelines, employees may each take a total of 12 consecutive workweeks of paid parental leave. The leaves may be taken at the same time or at different times, as long as they are taken within the first six months after the qualifying event. Qualifying employees may request for the parental leave to begin up to two (2) workweeks prior to the anticipated qualifying event.

When an eligible District employee’s entitlement to leave under this policy extends beyond their designated term of employment for their contractual term, the employee may continue their period of paid parental leave in the subsequent contractual term, provided the employee remains an eligible District employee.

Payback Provision: Eligible employees who fail to return to work or who resigns within 90 calendar days following the end of their approved parental leave, agree to reimburse the District for the salary and benefits paid by the District during the period of paid parental leave. This reimbursement requirement will be excused if the eligible employee’s failure to return to work is related to the onset, recurrence, or continuation of a serious health condition of the eligible employee or the child and the eligible employee provides documentation from the healthcare provider.

Adopted: September 8, 2015
Revised:  September 24, 2024
Revised:  December 10, 2024

Legal Ref: A.R.S. 15-510
Family and Medical Leave Act of 1993
29 C.F.R Part 825

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