Family and Medical Leave Act (FMLA)

fmla clip art

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

  • Twelve workweeks of leave in a 12-month period for:

o    the birth of a child and to care for the newborn child within one year of birth.
o    the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement.
o    to care for the employee’s spouse, child, or parent who has a serious health condition.
o    a serious health condition that makes the employee unable to perform the essential functions of his or her job.
o    any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty” or

  • Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

 

Calculation of FMLA Time/School Employee Guidelines

FMLA is calculated on forward 12-month period defined as:

  • The 12-month period measured forward from the first date an employee uses any FMLA leave. The next 12-month period would begin the first time the FMLA leave was taken after the completion of the prior 12-month

    period.

o    Example Jane’s FMLA leave begins November 6, 2020 - her 12-month period is November 1, 2020 – October 31, 2021.
o    For Jane to be eligible for another request for FMLA leave, she will have had to work 1,250 (950 for Paraeducators) hours in the previous 12-month year (November 1, 2020-October 31, 2021) to qualify for an FMLA November 1, 2021.
o    If the required work hours have not been fulfilled, the FMLA will be denied.
o    If 12 weeks of eligible leave has not been exhausted, the remaining leave will be available.

Guidelines for School Employees on Family and Medical Leave

o Instructional Employees Only – those whose principal function is to teach and instruct students in a class, small group or individual setting, i.e., teachers, coaches and other special assistants.  Does not include counselors, psychologist, cafeteria workers, maintenance/custodial, and other who do not provide student instruction as their principal job duty.

Leave Near the End of a Semester

  • If an instructional employee begins FMLA leave more than five weeks before the end of a term, the district may require the employee to remain on leave until the end of the term if the requested leave is expected to last at least three weeks and the employee would otherwise return to work during the last three weeks

    of the

    term

    .

  • If the instructional employee begins FMLA leave during the last five weeks of a term, the school may require the employee to remain on leave until the end of the term if the leave is expected to last more than two weeks and the employee would otherwise return to work during the last two weeks

    of the

    term

    .

  • If the instructional employee begins FMLA leave during the last three weeks of the term, the school may require the employee to continue taking leave until the end of the term if the leave is expected to last more than

    five working

    days

    .

Intermittent Leave

  • If an instructional employee needs intermittent or reduced leave and the employee would be on leave for more than 20 percent of the total number of working days over the leave period, the school may require the employee to choose between the following: (a) taking a certain period of consecutive days on leave, not greater than the duration of the employee’s planned medical treatment, or (b) transferring temporarily to an available alternative position for which the employee is qualified, which has equivalent pay and benefits, and which better accommodates recurring periods of leave than does the employee’s regular position.

Counting FMLA Leave

  • If the District requires that you remain at home as designated above, the initial period of leave is counted against FMLA entitlements, but the additional leave required by the district shall not counted against the employee’s remaining FMLA entitlement.

Returning from Leave to an Equivalent Position

  • Upon return from leave, you will be returned to your previous position, if it is vacant or filled by temporary assignment. 

  • Should the position you held prior to the FMLA leave does not meet the above criteria, you will be restored to an equivalent position with equivalent employment benefits, pay and other terms and conditions of the position you held prior to FMLA.

  • At no time, shall you be restored to a position that requires additional licensing or certification.

Family and Medical Leave Act (FMLA) – Posters/Guides/FAQs

FMLA Poster - Employee Rights - English
FMLA Poster - Employee Rights- Spanish
FMLA Employee Guide - English
FMLA Military Family Leave Guide - English
FMLA Military Family Leave Guide - Spanish
FMLA - Frequently Asked Questions (FAQs)
FMLA- Military Frequently Asked Questions (FAQs)

Family and Medical Leave Act (FMLA) – Form Use Definitions

 FMLA Form - Employee’s Serious Health Condition

  •  Your own personal serious illness

  •   Days are charged against sick leave balance

 FMLA Form - Qualifying Family Member’s Serious Health Condition

  • Qualifying members include Spouse, Child, Parent

 o    For purposes of FMLA leave, son or daughter is defined by the FMLA regulations as a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age or is 18 years of age or older and “incapable of self-care because of a mental or physical disability” at the time FMLA leave is to commence.

 o    For purposes of FMLA leave, spouse is designated as husband or wife as defined or recognized in the state where the individual was married and includes individuals in a common law or same-sex marriage. Spouse also includes a husband or wife in a marriage that was validly entered into outside of the United States, if the marriage could have been entered into in at least one state.

 o    For FMLA leave purposes, a “parent” is defined broadly as the biological, adoptive, step, or foster parent of an employee or an individual who stood in loco parentis to the employee when the employee was a son or daughter. “Parent” does not include the employee's parents-in-law.

 FMLA Form – Military Family Leave - Serious Injury or Illness of Current Service member

  •  A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is receiving medical treatment, recuperation, or therapy, or is in outpatient status, or is on the temporary disability retired list for a serious injury or illness.

 FMLA – Military Caregiver Leave for Veteran

  •  A veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness is a covered veteran if he or she:  was a member of the Armed Forces (including a member of the National Guard or Reserves); was discharged or released under conditions other than dishonorable; and was discharged within the five-year period before the eligible employee first takes FMLA military caregiver leave to care for

    him or

    her

    .

o    When applying for this leave, the “Certification of Qualifying Exigency for Military Leave form MUST also be completed.

 

Family and Medical Leave Act (FMLA) – Accrual Use Guidelines

 FMLA Form - Employee’s Serious Health Condition

  • Approved FMLA for one’s own serious health condition.

o    Sick accrual will be charged concurrently with the leave up to 12 weeks.

o    Sick accrual will be charged concurrently with the first six (6) or eight (8) weeks of maternity based on the certification from the health care provider and/or the request of the employee.

  • FMLA leave beyond the six (6) or eight (8) weeks will be unpaid.

o   You must your administrator in advance of intermittent leave as follows:

  • 48 hours’ notice for leaves less than one day and one (1) week.

  • Two (2) weeks advanced notice for leaves one (1) week or more.

FMLA Form - Qualifying Family Member’s Serious Health Condition

  •  Leave to care for a family member is unpaid with the following exceptions:

o    Available personal days and up to five (5) sick days may be used in place of unpaid leave.

  • If additional time is needed, the employee may request approval of up to an additional 10 sick days.

  • Any time beyond the stated allotments will be unpaid or if an employee is entitled and have vacation time available, it may be used in lieu of unpaid time.

  • FMLA – Intermittent leave use guidelines

 o   You must notify your administrator in advance of any intermittent leave as follows:

  • 48 business hours’ notice for leaves less than one day and one (1) week.

  • Two (2) weeks advanced notice for leaves one (1) week or more.

Family and Medical Leave Act (FMLA) – Benefit Guidelines

  • When on an approved paid FMLA, your benefit contribution will continue to be deducted from your pay.

  • When on an approved unpaid FMLA, you are responsible for your contribution for benefits and must contact the Benefits Specialist at ext. 2302 or benefits@windham.k12.ct.us to make payment arrangements.

 Family and Medical Leave Act (FMLA) – TRB (Educators/Certified Administrators ONLY

  • Below is a link to the TRB Form 53X which is required to be completed and return to Human Resources:

 Current Leave of Absence (COLA) Form (TRB Form 53X)

  • Not completing the form could affect your retirement benefits.

Family and Medical Leave Act (FMLA) – Request Process

FMLA frontline direction pic