FMLA Rights & Responsibilities

Family and Medical Leave (FMLA)

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 workweeks of job-protected leave for certain qualifying family and medical reasons.

FMLA can be used for:

An employee's own serious health condition;
The birth, adoption, or placement of a child;
Caring for a spouse, child, or parent with a serious health condition;
Caring for an adult child with a serious health condition when the child is incapable of self-care because of a disability; and
Certain qualifying military-related circumstances.

Additional protections may apply for military caregiver leave.

How FMLA Works

FMLA provides job-protected leave; it does not provide additional paid leave.

Depending on the reason for the absence and the employee's applicable collective bargaining agreement or employment terms, an employee may be able or required to use available paid leave, such as sick leave, while on FMLA.

When paid leave is used during an FMLA-qualifying absence, the paid leave and FMLA run at the same time.

For example, if an employee uses 10 sick days during an approved FMLA absence, those 10 days are paid through the employee's accumulated sick leave and also count toward the employee's available FMLA leave.

The availability and use of accumulated sick, personal, vacation, or other paid leave is determined by the employee's applicable collective bargaining agreement, District policy, and the reason for the absence.

Requesting FMLA

Employees who anticipate needing an extended or recurring absence should contact the

Personnel Office as soon as possible.

Employees do not need to determine on their own whether an absence qualifies for FMLA. Personnel will review the circumstances and provide the appropriate forms and information.

Medical certification may be required to support a request for FMLA leave. Employees will be notified of any required documentation and applicable deadlines.

Whenever possible, employees should provide at least 30 days' advance notice when the need for leave is foreseeable.

FMLA and Other Leaves of Absence

FMLA is separate from other leaves that may be available under an employee's collective bargaining agreement, District policy, or applicable law.

Employees who need to remain out of work after their FMLA entitlement has been exhausted should contact Personnel to discuss whether another leave of absence may be available.

Approval for an extended leave does not necessarily mean that the leave will be paid or that accumulated paid leave may continue to be used. Pay, benefits, use of accrued time, and other conditions during an extended leave are determined by the applicable collective bargaining agreement, District policy, and law.

Health Insurance

During an approved FMLA leave, eligible employees may continue their District health insurance coverage under the same terms that apply while actively employed, provided that the employee continues to make any required employee contribution.

Health insurance coverage and premium responsibility may change if an employee remains on leave after FMLA has been exhausted. Personnel will provide employees with information regarding continued coverage and any required premium payments.

Returning to Work

Employees should remain in contact with Personnel regarding their anticipated return date.

When FMLA is taken for an employee's own serious health condition, the District may require appropriate documentation confirming the employee's ability to return to work, consistent with applicable law and District procedures.

Questions or Need to Request Leave?

If you believe you may need FMLA or another extended leave of absence, please contact the Personnel Office at 631-801-3023

Personnel will help determine which leave provisions apply and provide you with the necessary forms and next steps.

FMLA