The Family and Medical Leave Act of 1993 (FMLA) requires public agencies to provide up to twelve (12) weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons. Employees are "eligible" if they have been employed by the District for at least twelve (12) months and for at least 1,250 hours of service during the previous twelve-month period. Full-time teachers are deemed to meet the 1,250 hour test. The law covers both full-time and part-time employees.

The District will compute the twelve-month period according to the following time frame: a "rolling" twelve-month period will be used that is measured backward from the date an employee uses any FMLA leave.

Reasons for Taking Leave

An employer must grant unpaid leave to an eligible employee for one (1) or more of the following reasons:

1)      For the care of the employee's child (birth, or placement for adoption or foster care);

2)     For the care of the employee's spouse, son or daughter,or parent/guardian, who has a serious health condition; or,

3)       For a serious health condition that makes the employee unable to perform their job;

4)     Because of "any qualifying exigency" (such term to be defined by regulations issued by the Secretary of Labor) arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, insupport of a contingency operation. In the interim, the Department of Labor is encouraging employers to provide this type of leave to qualifying employees.

Service Member Family Leave

An eligible employee who is the spouse, son, daughter, parent, or next of kin (defined as the nearest blood relative of that individual) of a covered service member who is recovering from a serious illness or injury sustained in the line of duty while on active duty is entitled to up to 26 weeks of leave in a single 12-month period to care for the service member. This military caregiver leave is available during a single 12-month period during which an eligible employee is entitled to a combined total of 26  weeks of all types of FMLA leave.

The term "covered service member" means a member of the Armed Forces, including a member of the National Guard or Reserves.Substitution of Paid Leave

At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.

Notice for Leave Due to Active Duty of Family Member

In any  case  in which  the necessity  for  leave due  to any qualifying  exigency  is foreseeable, whether because the spouse, or a son, daughter, or parent of the employee is on active duty, or because of notification of an impending call or order to active duty in support of a contingency operation, the employee shall provide such notice to the employer as is reasonable and practicable.

Advance Notice and Medical Certification

The employee may be required to provide advance leave notice and medical certification.

1)     The employee ordinarily  must provide thirty (30) days advance notice when the leave is

"foreseeable."

2)      An employer may require medical certification to support a request for leave because of a serious health condition.

3)       An employer may reinitiate the medical certification process with the first absence in a new

12-month leave year.

4)       An employer  may also  require  medical certification  if the employee  is unable to return from leave because of a serious health condition.

Intermittent or Reduced Leave

1)      An employee  may take intermittent  leave or may work a reduced leave schedule to reduce the usual number of hours per day or work week.

2)       Intermittent  or  reduced  leave  schedules  are  subject  to  employer  approval  unless  medically necessary.

 Job and Benefits Protection