When do School Employees not qualify for FMLA?
For example, employees of a rural school would not be eligible for FMLA leave if the school has fewer than 50 employees and there are no other schools under the jurisdiction of the same employer (usually, a school board) within 75 miles.
What do you need to know about FMLA leave?
How Do I Request FMLA Leave? To take FMLA leave, you must provide your employer with appropriate notice. If you know in advance that you will need FMLA leave (for example, if you are planning to have surgery or you are pregnant), you must give your employer at least 30 days advance notice. If you learn of your need for leave less than 30 days in
Who is covered by the family and Medical Leave Act?
2 The Employee’s Guide to the Family and Medical Leave Act Who Can Use FMLA Leave? In order to take FMLA leave, you must first work for a covered employer. Generally, private employers with at least 50 employees are covered by the law. Private employers with fewer than 50 employees are not covered by the FMLA, but may be covered
When does an employer have to notify an employee of FMLA?
Under the regulations, an employer must notify an employee whether leave will be designated as FMLA leave within five business days of learning that the leave is being taken for a FMLA-qualifying reason, absent extenuating circumstances.
For example, employees of a rural school would not be eligible for FMLA leave if the school has fewer than 50 employees and there are no other schools under the jurisdiction of the same employer (usually, a school board) within 75 miles.
When does an employer need to approve FMLA leave?
When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer’s operations. If FMLA leave is for the birth, adoption, or foster placement of a child, use of intermittent or reduced schedule leave requires the employer’s approval.
How does the family and Medical Leave Act protect employees?
The law sets requirements for notice, by both the employee and the employer, and provides employers with the right to require certification of the need for FMLA leave in certain circumstances. The law protects employees from interference and retaliation for exercising or attempting to exercise their FMLA rights.
Can a retroactive FMLA designation be used against an employer?
Under the regulations, retroactive designation is permitted if an employer fails to timely designate leave as FMLA leave (and notify the employee of the designation). The employer may be liable, however, if the employee can show that he or she has suffered harm or injury as a result of the failure to timely designate the leave as FMLA.
What is the definition of an instructional employee?
Instructional employees are those whose principal function is to teach and instruct students in a class, a small group, or an individual setting. This term includes not only teachers, but also athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired.
What are the special rules for school employees?
It does not include, and the special rules do not apply to, teacher assistants or aides who do not have as their principal job actual teaching or instructing, nor does it include auxiliary personnel such as counselors, psychologists, or curriculum specialists. It also does not include cafeteria workers, maintenance workers, or bus drivers.
When do teachers have to take FMLA leave?
There are special rules in place for teachers and other instructional employees who take leave under the Family and Medical Leave Act (FMLA) at or near the end of the school year. The federal regulations contemplate three different scenarios, depending on when the employee takes the leave. More than 5 weeks until summer.
Can a substitute teacher replace a teacher on FMLA?
School districts may temporarily replace teachers on FMLA leave with long-term substitutes or temporary teachers. In this case, teachers will have no additional requirements to fill their position while on FMLA. However, school districts may instead rely on daily or short-term substitute teachers to fill positions.
How many weeks of leave can you use on FMLA?
Under all three sets of rules, only the leave the employee needs to use shall be charged against the employees FMLA leave entitlement. In the example provided, only the two weeks of leave should be counted as FMLA leave.
What is the family and Medical Leave Act?
The Family and Medical Leave Act is designed to help workers accommodate family needs and responsibilities without threatening or penalizing their professional work situation.