FMLA
What is FMLA leave?
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected leave for qualifying family and medical reasons. The U.S. Department of Labor's Wage and Hour Division (WHD) enforces the FMLA for most employees.
Eligible employees can take up to 12 workweeks of FMLA leave in a 12month period for:
- The birth, adoption or foster placement of a child with you,
- Your serious mental or physical health condition that makes you unable to work,
- To care for your spouse, child or parent with a serious mental or physical health condition, and
- Certain qualifying reasons related to the foreign deployment of your spouse, child or parent who is a military servicemember.
An eligible employee who is the spouse, child, parent or next of kin of a covered servicemember with a serious injury or illness may take up to 26 workweeks of FMLA leave in a single 12-month period to care for the servicemember.
You have the right to use FMLA leave in one block of time. When it is medically necessary or otherwise permitted, you may take FMLA leave intermittently in separate blocks of time, or on a reduced schedule by working less hours each day or week.
FMLA leave is NOT paid leave, but you may choose, or be required by your employer, to use any employer-provided paid leave if your employer's paid leave policy covers the reason for which you need FMLA.
Am I eligible to take FMLA leave?
You are an eligible employee if all of the following apply:
- You have worked for your employer at least 12 months,
- You have at least 1,250 hours of service for your employer during the 12 months before your leave, and
- Your employer has at least 50 employees within 75 miles of your work location.
You work for a covered employer if one of the following applies:
- You work for a private employer that has at least 50 employees during at least 20 workweeks in the current or previous calendar year,
- You work for an elementary or public or private secondary school, or
- You work for a public agency, such as a local, state or federal government agency. Most federal employees are covered by Title II of the FMLA, administered by the Office of Personnel Management.
How do I request FMLA leave?
- Follow Lackland ISD's normal policies for requesting leave,
- Give notice at least 30 days before your need for FMLA leave, or
- If advance notice is not possible, give notice as soon as possible.
- Complete Lackland ISD's Request for Family Medical Leave.
- Complete Lackland ISD's FMLA WH-380-E for Employee Illness or Lackland ISD's FMLA WH-380-F for Family Illness.
- Turn in all documents to the Business Office, either the Payroll Coordinator or the Chief Financial Officer.
You do not have to share medical diagnosis but must provide enough information to your employer so they can determine whether the leave qualifies for FMLA protection. You must also inform Lackland ISD if FMLA was previously taken or approved for the same reason when requesting additional leave.
Lackland ISD may request recertification from a health care provider to verify medical leave and may request certification of a qualifying exigency.
FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.
FEDERAL, STATE AND LOCAL LEAVES:
Leave Administration Flowchart
FMLA Military Leave Employee Guide
FAMILY MEDICAL LEAVE ACT (FMLA) FORMS:
Request for Family Medical Leave
FMLA WH-380-E Employee Illness
LEAVE REQUEST FORMS:
Request for Extended Sick Leave (partial pay)
Request for Sick Leave Pool (full pay)
Request for Temporary Disability Leave (no pay)
What does Lackland ISD need to do?
If you are eligible for FMLA leave, Lackland ISD must:
- Allow you to take job-protected time off work for a qualifying reason,
- Continue your group health plan coverage while you are on leave on the same basis as if you had not taken leave, and
- Allow you to return to the same job, or virtually identical job with the same pay, benefits and other working conditions, including shift and location, at the end of your leave.
Lackland ISD cannot interfere with your FMLA rights or threaten or punish you for exercising you rights under the law. For example, Lackland ISD cannot retaliate against you for requesting FMLA leave or cooperating with a WHD investigation.
After becoming aware that your need for leave is for a reason that may qualify under the FMLA, Lackland ISD must confirm whether you are eligible or not eligible for FMLA leave. If Lackland ISD determines that you are eligible, Lackland ISD must notify you in writing:
- About your rights and responsibilities, and
- How much of your requested leave, if any, will be FMLA-protected leave.