The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain family and medical reasons. Employees must have worked for the district for at least 12 months and amassed at least 1,250 working hours (950 working hours for paraeducators).
This includes leave for:
the birth or adoption of a child
to care for a family member with a serious health condition
for your own serious health condition
While FMLA leave is unpaid, you may be able to use your accrued sick or personal time to continue getting paid for some or all of your leave.
If you need to take leave under the Family and Medical Leave Act (FMLA), here’s how the process works:
Notification:
As soon as you become aware that you may need time off for a qualifying reason (such as your own serious health condition, caring for a family member, or welcoming a new child), notify HR as early as possible.
Eligibility Notice:
After you notify HR, you will receive an Eligibility Notice, which explains whether or not you meet the requirements for FMLA leave (based on length of service and hours worked).
Health Care Provider Certification:
If you are eligible, HR will provide a Health Care Provider Certification form for you or your family member’s physician to complete. This form confirms the medical need for leave, the expected duration, and any work restrictions.
Designation Notice:
Once HR receives the completed health certification, you will receive a Designation Notice. This document formally confirms whether your leave qualifies under FMLA and outlines how your time off will be designated and counted.
Supervisor Notification:
While HR handles all official paperwork and approvals, you are also expected to notify your supervisor or building administrator about your leave dates so they can plan for coverage.
Leave Tracking:
Once designated, your FMLA leave will be tracked according to federal law and district policy. You may use accrued sick or personal time during your leave, and HR will confirm how this time will be applied with an FMLA transmittal and pay calendar if applicable.
Return-to-Work Documentation:
Before returning to work (if the leave was for your own medical condition), you must provide a Return-to-Work note from your healthcare provider clearing you to resume your duties.
We calculate FMLA on a rolling 12-month basis, this means the following:
Bob the Bobcat takes FMLA beginning on November 1st, their available time is 12 weeks, minus any FMLA leave used in the previous 12 months.
If they had previously taken 4 weeks over the summer, that would mean they would only have 8 weeks left for this November 1st FMLA.
This method continues to "look back" on the past 12 months to determine the number of weeks of leave they are eligible for.
These guidelines are for 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). This 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.
Applying for TRB Current Leave of Absence Form (Certified Educators and Admin only)
If you are a member of TRB you may need to complete a CLOA form to ensure your retirement benefits. You can find the form HERE.
In person to the HR Office in the CPS Central Office found in Colchester Town Hall
Via the CPS inter-office mail system (the blue bags)
By sending a fax to CPS's line: 860-537-1252
After receiving a designation notice indicating that you qualify for FMLA, you may be asked to have your physician complete health cert form.
After receiving a designation notice indicating that you qualify for FMLA, you may be asked to have family member's physician complete health cert form.