What is the Family Medical Leave Act of 1993 (FMLA)?
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The Family and Medical Leave Act of 1993 (FMLA) allows eligible employees to take 12 workweeks of unpaid, job-protected leave in a 12-month period for the following reasons:
• the birth and care of a newborn child,
• the placement with the employee of a child for adoption or foster care,
• to care for the employee’s spouse, son, daughter, or parent with a serious health condition,
• the employee’s own serious health condition that makes the employee unable to perform the functions of his/her job, or
• a qualifying exigency arising out of the fact that the employee’s spouse, son, daughter or parent is on active duty in the armed forces (or has been notified of an impending call or order to active duty).
The 12-month period is measured forward from the date the first FMLA leave begins. Leave may be taken intermittently or on a reduced-leave schedule when medically necessary for treatment related to a serious health condition or when related to a qualifying exigency arising out of active duty service. FMLA may be applied retroactively.
Additionally, if an employee is eligible for FMLA leave, he/she may take up to 26 weeks of FMLA leave during a single 12-month period to care for a spouse, son, daughter, parent or next of kin who is a service member suffering from serious injury or illness incurred while on active duty. During the single 12-month period, an eligible employee is entitled to a combined total of 26 weeks of FMLA leave.
To be eligible for FMLA benefits, an individual must be employed by Wake County Public Schools for at least 12 months (not necessarily consecutive), and work at least 1,250 hours during the 12-month period immediately preceding the commencement of FMLA leave.
To the extent permitted under board policy 3800/4800, the employee must use, and if necessary, exhaust earned compensatory time, sick leave, including extended sick leave or shared leave (if eligible), earned vacation leave, and personal leave before going on unpaid FMLA leave. Instructional personnel must take earned vacation leave in lieu of other paid or non-paid leave on days in the school calendar as vacation days.
A non-exempt employee who has accrued compensatory leave time must use any such paid leave time before taking paid or unpaid FMLA leave. The use of accrued compensatory leave will automatically be granted to an employee who requests FMLA leave unless the employee notifies Human Resources in writing that he/she does not wish to use such accrued compensatory time. Use of compensatory time will not count against FMLA.
The employee must provide at least 30 days advanced notice before FMLA leave is to begin, if the need for leave is foreseeable. Notice should be given to the employee’s immediate supervisor. If 30 days notice is not practical under the circumstances, or the need for leave is not foreseeable, the employee must give notice as soon as practicable. The employee must tell his/her supervisor whether he/she needs continuous or intermittent leave, or a reduced schedule. Failure to provide proper notice may result in the delay or denial of FMLA leave. When planning medical treatment, the employee must consult with his/her supervisor and make a reasonable effort to schedule leave so as not to disrupt school operations, subject to the approval of the health care provider.
In the event the employee's FMLA qualifying illness or event is unforeseen, after four (4) consecutive days of absence the employee will be placed preliminarily on FMLA pending proper receipt of medical certification and leave forms. It is the employee's responsibility to provide the appropriate medical certification within fifteen (15) days of the absence. The employee should work with the school’s HR Administrator who will facilitate the placement of an employee on FMLA immediately upon notification of the employee's medical situation.
The employee will be required to furnish medical certification of a serious health condition from a licensed health care provider and may be required to provide recertification every 30 days while remaining on FMLA leave. The employee will also be required to furnish a fitness for duty certificate prior to being restored to employment if FMLA leave is taken for personal serious illness. The employee may also be asked to report periodically on his/her status and intent to return to work while on FMLA leave.
While on FMLA leave, the school system must maintain any employer-paid health benefits during any period of unpaid leave under the same conditions as if the employee continued to work. During any period of unpaid FMLA leave, the employee is responsible for any premium payments normally deducted from their paycheck for extended benefits. It is the employee’s responsibility to make necessary arrangements through the compensation services department to continue these benefits.
The employee is entitled to be reinstated to the same or an equivalent job with the same pay, benefits, and terms and conditions of employment on his/her return from leave. This does not mean that the employee will be restored to the same job position held before the leave, nor to a position at the same worksite. Instructional employees who begin leave near the end of an academic term may be required to continue taking leave until the end of the term.
The school district is not required to reinstate employees following FMLA leave if any of the following apply:
1. Employee fails to provide a requested fitness-for-duty certification to return to work. If this happens, the school system may delay reinstating the employee until a certificate is submitted.
2. Employee fails to report periodically on his/her status and intent to return to work when asked to do so.
3. Employee fraudulently obtains FMLA leave.
If the employee does not return to work following FMLA leave for a reason other than the continuation, recurrence, or onset of a serious health condition which would entitle him/her to FMLA leave, or other circumstances beyond the employee’s control, he/she may be required to reimburse the school system for their share of health insurance premiums paid on the employee’s behalf during his/her FMLA leave.
The school system will provide the employee with written confirmation when it is counting leave as FMLA leave.
See board policy 3800/4800 § 8.2 for a complete description of an employee’s rights and obligations.