THE FAMILY AND MEDICAL LEAVE ACT
Frequently Asked Questions:
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The Family and Medical Leave Act of 1993 (FMLA) is a federal law designed to help employees balance their jobs and responsibilities for their own health and the health of their families. Following are some frequently asked questions about FMLA. (Please refer to your Personnel Handbook for complete details on FMLA.)
What does FMLA provide?FMLA provides up to 12 weeks of unpaid time off in a 12-month period during a fiscal year from July 1st – June 30th for:
- The birth of a son or daughter of the employee
- The placement of a child with the employee for adoption or foster care
- To care for a spouse, son, daughter or parent of the employee due to a serious health condition
- Because of a serious health condition of the employee that renders the employee unable to perform the essential functions of the position
- Military caregiver leave
Am I eligible for leave?You may be eligible if:
- You worked at least 1250 hours in the previous fiscal year (July 1st – June 30th)
- You have not exhausted your FMLA leave within the past 12 months
How and when do I apply for leave?
If you will be absent for five consecutive work days you must provide a doctor’s statement verifying the need for the leave and dates you will be absent. You will also need to complete the Notification of Need for Leave of Absence Form. If you know in advance that you will need FMLA leave (e.g. you are having a baby, surgery, etc.), please provide the doctor’s statement and complete the leave request form at least 30 days before your leave begins. (We realize in the case of maternity leave the date can change.) If you have an unexpected leave of absence, please provide the doctor’s statement and complete the leave request form within five days of your first day absent. The Notification of Need for Leave of Absence Form is also available on the District Intranet under Administrative Documents. Please forward the completed form and doctor’s statement to the Office of Personnel Services.
Will I be paid while on FMLA?
When an employee who qualifies for FMLA is out on medical leave, the statement from the employee’s physician verifying the period of time needed is very important. If the employee has accrued sick leave days to cover this period of time, pay will continue. If an employee does not have the sick days to cover this time, he/she will be on unpaid leave.
What are my responsibilities while on leave?
· Medical Certification: If taking leave for your or an immediate family member’s serious health condition, you are required to submit a doctor’s statement.
· Financial: You are responsible for payment of your portion of health and other insurance premiums while on leave. As long as your pay continues your insurance premiums will be deducted from your checks. If you are on unpaid leave you will be required to pay your portion of insurance premiums for any pay periods that you do not receive a check.
· Return to Work: Before returning to work you must submit a doctor’s statement releasing you to return.
Is my job protected while I am on leave?
The District will restore the employee to the same or a similar position after the termination of the leave in accordance with board policy.