The School Board of Palm Beach County, Florida

NOTICE OF PROPOSED RULE ADOPTION
AND PUBLIC HEARING

RULE TITLE: Family and Medical Leave Act Policy.

RULE NUMBER: Policy 3.76.

PURPOSE AND EFFECT: The purpose of this policy is to provide family and medical leave for District employees in a manner that meets the requirements of the federal laws and regulations governing the Family and Medical Leave Act of 1993, as amended in 2008, including amendments to the FMLA pursuant to the National Defense Authorization Act for Fiscal Years 2008 and 2010. (FMLA) and preserves the ability of the school system to fulfill its mission.

SUMMARY: The proposed revisions include: new definitions for covered service members to include veterans, expanded definition of serious injury or illness with respect to veterans to include an injury or illness which may manifest itself before or after the service member becomes a veteran; domestic partners, registered in accordance with District policy, to be eligible for family medical leave to care for a domestic partner; employee prohibition against working another job, if the medical leave relates to a health condition or injury of the employee; benefits are maintained for employees on family medical leave if: the employee was eligible and received such benefits from the District prior to leave; and the employee makes the required employee contribution, if the leave is unpaid; and upon return from FMLA, an employee is entitled to same position held prior to leave or an equivalent position with equivalent benefits.

SPECIFIC AUTHORITY: Fla. Stat. § 1001.41, 1001.42, 1001.43(6).

LAWS IMPLEMENTED: Fla. Stat. § 1001.41, 1001.42, 1001.43(6).

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST (optional, if one has been prepared): None prepared. Any person who wishes to provide information regarding a statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative, must do so in writing within 21 days of the publication of this Notice.

CONTACT PERSON: Mark Mitchell, 3300 Forest Hill Blvd., West Palm Beach FL 33406.

PERSON ORIGINATING THE PROPOSED RULE: Mark Mitchell.

THE PRELIMINARY TEXT of the proposed rule may be obtained promptly without cost from the School District's web site at www.SchoolBoardPolicies.com/revisions.htm .

SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: E. Wayne Gent.

RULE DEVELOPMENT NOTICE WAS PUBLISHED: April 25, 2012, in The Palm Beach Post.

DATE PROPOSED RULE WAS APPROVED BY THE SCHOOL BOARD: May 9, 2012.

PUBLIC HEARING NOTICE: Adoption of the proposed rule is anticipated to be considered at the School Board's Special Meeting on Policies on July 18, 2012, anticipated to begin at 5:00 p.m. (an approximate time, as the actual start time may vary earlier or later) in the Board Chambers at 3300 Forest Hill Blvd., West Palm Beach, Fla. AGENDA: An agenda will be available by July 11, 2012 on the District's Web site. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this hearing is asked to advise the agency at least 48 hours in advance by contacting the Board clerk at 434-8139. A person may submit written comments (12 copies) about the proposed action to the clerk no later than the time of the public hearing. This hearing is open to the public.

Publish: June 20, 2012