8.11.12 Issues arising out of the exercise by the Board of Education and Administration of its responsibility under Section 8.10 of this Article VIII, including the facts underlying its exercise of such discretion, shall not be subject to the Grievance Procedure as set forth
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in Article XII.
8.12 Family Medical Care Leave
8.12.1 Any unit member who has served the district for more than one continuous year and has provided at least 1250 hours of service in the twelve (12) month period immediately prior to the first day of the requested family care leave shall be eligible to take Family Medical Care Leave under the provisions of Government Code 12945.2 and 29 U.S.C. 2601 et seq. The family care leave may be paid if it meets the criteria under
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this Article and the Government Code.
8.12.2 Family Care Leave may be used for the following reasons: (a) the birth or placement for adoption or foster care of a child (leave may be taken only within 12 months of birth or placement), (b) the serious health condition of a spouse, registered domestic partner (under state law only), child, or parent, or (c) the employee’s own serious health condition, except, under state law only, pregnancy and childbirth related
conditions.
8.12.3 For purposes of this regulation, “child” is defined as a biological, adopted or foster child, a stepchild, a legal ward or a child as to whom the employee stands in loco parentis as long as the child is under 18 years of age or an adult dependent child. For purposes of this regulation “parent” is defined as a biological, foster or adoptive parent, a step-parent or a legal guardian. “Serious health condition” is defined as “an illness, injury, impairment, or physical or mental condition” involving either inpatient care or continuing treatment by a health care provider. “In loco parentis” is defined as an individual who is responsible in the role of a parent for the day-to-day activity of an
individual or one who had the responsibility when the employee was a child.
Article VIII – 16
Revised 08/15/24
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