Family Medical Leave Act (FMLA)

Family Medical Leave Act (FMLA)

The Family and Medical Leave Act

Information presented by Joe Zawawi (Training and Organizational Development Specialist)

FMLA leave can be taken for the following reasons:

1. Birth of a child;

2. Placement with the employee of a child through adoption or foster care;

3. To care for the employee’s spouse, child, or parent (not “in-laws”) with a serious health condition;

Because of a serious health condition that makes the employee unable to perform the function of that employee’s job.

A “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves:

1. Inpatient care, OR;

Continuing treatment by a health care provider. This would include:

A period of incapacity of more than three consecutive days that also involves either treatment two or more times by a health care provider, or treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment.

Any period of incapacity due to pregnancy, or for prenatal care.

Any period of incapacity or treatment for such incapacity due to a serious chronic health condition.

A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective (i.e. Alzheimer’s).

“Unable to perform the function of the position” means that the health care provider has found that the employee is not able to work at all or is unable to perform any one of the essential functions of the employee’s position.

Eligible employees are entitled to 12 weeks of leave during a 12 month period. Eligible means that you have worked for the Board of Education for at least twelve months and for at least 1250 hours over the previous twelve months.

FMLA leave is paid when a) the leave if used for the employee and b) the employee has accrued sick days to cover the leave. It is unpaid in all other instances. Whether the leave is paid or unpaid, benefits continue for the duration of the leave as though the employee were still at work.