Family Medical Leave Act (FMLA)
FMLA: Frequently Asked Questions
What is FMLA?
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
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12 workweeks of leave in a 12-month period for:
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the birth of a child and to care for the newborn child within one year of birth;
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the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
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to care for the employee’s spouse, child, or parent who has a serious health condition;
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any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
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26 workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
Do I qualify for FMLA?
To be eligible for FMLA leave, an employee must work for a covered employer and:
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have worked for that employer for at least 12 months; and
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have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and,
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work at a location where at least 50 employees are employed at the location or within 75 miles of the location.
How much time do I get?
12 workweeks of leave in a 12-month period.
Am I allowed to take intermittent/reduced schedule FMLA time?
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FMLA permits employees to take leave on an intermittent basis or to work a reduced schedule under certain circumstances. (CFR Section 203)
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Intermittent/reduced schedule leave may be taken when medically necessary to care for a seriously ill family member, or because of the employee's serious health condition.
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Intermittent/reduced schedule leave may be taken to care for a newborn or newly placed adopted or foster care child only with the employer's approval.
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Only the amount of leave actually taken while on intermittent/reduced schedule leave may be charged as FMLA leave. Employees may not be required to take more FMLA leave than necessary to address the circumstances that cause the need for leave. Employers may account for FMLA leave in the shortest period of time that their payroll systems use, provided it is one hour or less. (See CFR Section 825-205)
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Employees needing intermittent/reduced schedule leave for foreseeable medical treatment must work with their employers to schedule the leave so as not to unduly disrupt the employer's operations, subject to the approval of the employee's health care provider. In such cases, the employer may transfer the employee temporarily to an alternative job with equivalent pay and benefits that accommodate recurring periods of leave better than the employee's regular job.
Do I get paid for my FMLA time away from work?
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Although FMLA is a non-paid leave from work, Newington Public Schools allows employees to use sick time during your disability period for continued pay.
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ASCFME employees only can use all accrued time during their disability period to maintain pay, to include sick, personal and vacation days.
What happens to my health insurance during FMLA?
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You maintain your current insurance during the entire FMLA 12 week period.
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During FMLA leaves of absence, the Board will continue to pay its portion of the health insurance premiums and the employee must continue to pay his/her share of the premiums (copay). If the employee does not return to work after the expiration of the leave, or is unpaid during any portion of the 12 week leave, the employee will be required to reimburse the Board for payment of health insurance premiums during the FMLA leave, unless the employee does not return because of the presence of a serious health condition which prevents that employee from performing his/her job, or circumstances beyond the control of the employee.
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When you take a leave beyond the FMLA 12 week period, such as a child-rearing leave, you are eligible to purchase insurance through COBRA.
Do weekends, vacations and summer vacation count in the 12 FMLA weeks?
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No. Only workweeks count toward the FMLA 12 week period. A “workweek” must consist of three or more working days.
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For contracted teachers, FMLA can be used across school years. For example: If your FMLA leave begins in May, and you use six weeks until school closes for the summer, you may resume your FMLA leave to start the new school year for the remaining six weeks.
What paperwork is needed for FMLA?
A doctor’s note(s) stating the length of your disability period with a return to work without restriction date is required.
Who completes my Health Care Provider forms?
Your health care provider can complete the Health Care Provider forms. Health care providers who may provide certification of a serious health condition include:
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doctors of medicine or osteopathy authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices;
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podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the State and performing within the scope of their practice under State law;
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nurse practitioners, nurse-midwives, and clinical social workers authorized to practice under State law and performing within the scope of their practice as defined under State law;
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Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts;
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any health care provider recognized by the employer or the employer's group health plan's benefits manager; and,
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a health care provider listed above who practices in a country other than the United States and who is authorized to practice under the laws of that country.
When are my forms due to the Office of Human Capital Development?
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It is important to notify the Office of Human Capital as soon as possible of an upcoming leave. Please send your doctor’s letter stating the length of your disability period with a return to work without restriction date as soon as possible.
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FMLA form(s) must be returned to our office within 15 working days of the start of your absence.
What if I want to take more time than FMLA offers?
You will need to review your contractual options.
How is Teacher Retirement Benefit (T.R.B.) impacted when I am on unpaid leave?
If you are on an unpaid on the first working day of the month, you will not contribute to T.R.B. for that month. This could impact your retirement date.
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