NEPN/NSBA Code:  GBN-R1

FAMILY AND MEDICAL LEAVE ACT (FMLA) 

ADMINISTRATIVE PROCEDURE 

The following administrative procedure covers the main provisions of the federal Family and Medical Leave Act (FMLA). The guidelines in no way attempt to modify the Act, which should always be referred to when questions about implementation arise. The school unit is responsible for analyzing each employee’s request for leave to determine whether they are eligible under the federal and/or state statute. 

I. ELIGIBILITY REQUIREMENTS 

To be eligible under the FMLA, employees must work at a site where 50 or more employees of the same school committee are employed within 75 miles of that work site. An employee must have been employed by the school district for at least twelve months and have worked at least 1250 hours in the previous twelve-month period. According to the law, teachers employed on a full-time basis are presumed to meet the minimum hours requirement. 

Under the FMLA, an eligible employee is entitled to receive up to twelve weeks of leave during a twelve-month period for the following reasons: 

A.  The birth and care of a child; 

B.  The adoption or foster placement of a child with the employe

C.  To care for a spouse, child, or parent with a serious health condition; or 

D.  The employee is unable to perform the functions of their position because of a serious health condition. 

E.  any qualifying exigency arising out of the fact that the employee’s spouse, child, or parent is a covered military member on “coveredactive duty;” or

F.  Twenty-six work weeks 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, child, parent, or next of kin (military caregiver leave)

II. ADMINISTRATION 

A.  If the leave request is due to the employee’s serious health condition, the employee is required to provide medical certification stating the date the health condition commenced, the probable duration, the appropriate medical facts concerning the condition, and that the employee cannot perform the functions of their job.

If the leave request is due to the serious health condition of a family member, the employee is required to provide medical

certification stating the date the health condition commenced, the probable duration, the appropriate medical facts concerning 

the condition, and and estimate of the time needed to care for the family member. 

B.  The twelve-month period in which an employee is entitled to twelve weeks of FMLA leave shall be based upon a rolling 12-month period from the last date that the employee used FMLA entitlement. 

C.  An employee must submit an application for leave at least 30 days in advance when the leave is foreseeable, or as soon as practicable if it is not foreseeable. 

If an employee fails to provide 30 days’ notice of foreseeable leave, the leave may be delayed to start 30 days after notice

 is given, provided that the employee had actual notice of FMLA notification requirements. 

D.  Any leave taken for FMLA-qualifying purposes (including leave taken under employment policies, bargaining agreements, or contracts) shall also be applied to an employee’s annual FMLA entitlement. When paid leave taken for FMLA qualifying purposes is exhausted, the balance of FMLA leave shall be unpaid. 

E.  Upon an employee’s return to work, they will be restored to their previous position or to an equivalent position with equivalent pay, benefits, conditions, and terms of employment. 

F.   An employee returning from FMLA leave for their own serious health condition is required to submit medical certification that indicates fitness to return to work and ability to perform the functions of the job. 

G.  If the employee is unable to return to work because of their own serious health condition at the expiration of allowable FMLA leave, the Superintendent/School Committee may consider a request for an extension of unpaid leave and benefits on a case-by-case basis. Failure to return to work upon the expiration of FMLA leave may subject the employee to immediate termination unless such an extension is granted. 

Legal Reference:   26 USC § 2601 et seq. 

 29 CFR Part 825 

5/21/01 

2/11/08 

8/20/12 

Reviewed: September 11, 2017 

Revised: September 25, 2023