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Family Medical Leave Act (FMLA)
Effective January 16, 2009 - New Family Medical Leave Act (FMLA) regulations went into effect. These regulations must be posted, distributed to new hires, and included with employee handbooks. An FMLA policy has been specifically adapted for parishes and non-parish schools to use, if they are subject to FMLA. Parish schools use the parish FMLA policy, they do not have a separate policy.
FMLA Downloads
 Policy for Parishes and Schools
 Official Forms (at bottom of linked page)
All schools must display the FMLA poster, even if they are not subject to FMLA
 Poster | Spanish Poster
A parish/non-parish school is subject to FMLA if they employ 50 or more employees during the current or preceding calendar year. In determining whether a parish/non-parish school has 50 employees, all employees who have been on the payroll for 20 or more weeks must be counted, including seasonal and temporary employees and employees on paid leave.
FMLA Resources to Reference
Reference this page: www.aodonline.org/FMLA
US Department of Labor: www.dol.gov/esa/whd/fmla/finalrule.htm
US Department of Labor (Spanish): www.dol.gov/esa/whd/regs/compliance/posters/fmlaspan.htm
Questions, concerns, or to request documents contact hr@aod.org / (313) 237-5947.
Family Medical Leave Act Policy for Parishes & Schools
A Parish or Non-Parish School ("Employer") is subject to FMLA if it employs 50 or more employees during the current or preceding calendar year. In determining whether an employer has 50 employees, all employees who have been on the payroll for 20 or more weeks during a calendar year must be counted, including temporary, seasonal, and employees on leave.
It is Employer policy to allow employees time off in compliance with the Family and Medical Leave Act. The FMLA and its regulations will be used to grant FMLA leave under this policy.
Eligibility
All employees who have at least 12 months of service, worked at least 1,250 hours during the 12 months immediately preceding the beginning of requested leave and have an FMLA-qualifying reason are eligible for FMLA leave.
FMLA-Qualifying Reasons
FMLA leave may be taken for any of the following reasons:
- To care for an employee's child after birth or placement of a child with the employee for adoption or foster care;
- Incapacity of the employee or the employee's spouse due to pregnancy or childbirth or for prenatal care;
- To care for an employee's spouse, child or parent who has a serious health condition;
- Because the employee has a serious health condition that renders the employee unable to perform the employee's job functions;
- To care for a covered servicemember undergoing medical treatment, recuperation or therapy for a serious injury or illness incurred in the line of duty on active duty if the employee is a spouse, child, parent, or next of kin of the employee
- Next of kin means, in order, blood relative granted legal custody, brothers and sisters, grandparents, aunts or uncles, and first cousins; or
- Because of one or more of the following qualifying exigencies related to the employee's spouse, child or parent being on active duty or called to active duty:
- Short-notice deployment;
- Military events and related activities;
- Childcare and school activities;
- Financial and legal arrangements;
- Counseling;
- Rest and recuperation;
- Post-deployment activities;
- Other activities as agreed between Employer and employee.
Serious Health Condition Defined
Employer adopts the FMLA definition of "serious health condition." Generally it means an illness, injury, impairment or physical or mental condition that involves:
- Incapacity or treatment related to an overnight stay in a medical care facility;
- Incapacity of 3 or more full calendar days and subsequent treatment or related incapacity that involves:
- An in-person visit to a health care provider 2 or more times within 30 days, as determined by the health care provider, provided the first visit to the health care provider occurs within 7 days of the first day of incapacity; or
- An in-person visit to a health care provider, plus a regimen of continuing treatment (e.g., a course of prescription medication or therapy) under the supervision of a health care provider, provided the first visit to the health care provider occurs within 7 days of the first day of incapacity;
- Incapacity due to pregnancy, birth of a child or for prenatal care;
- Incapacity or treatment for a chronic condition that:
- Requires periodic visits at least 2 times per year;C
- Continues over an extended period of time (including recurring episodes of a single underlying condition); and
- May cause episodic rather than a continuing period of incapacity;
- Incapacity which is permanent or long term due to a condition for which treatment may not be effective; or
- Absence to receive multiple treatments by a health care provider or under orders or supervision of a health care provider.
Leave Entitlement
An employee can take up to 12 weeks of leave in a 12-month period for all reasons (and up to 26 weeks of leave to care for a covered servicemember). For leaves other
than leave to care for a covered servicemember, Employer measures the 12-month period using the rolling method, i.e., each time an employee takes FMLA leave, the employee's remaining entitlement is the balance of the 12 weeks which has not been used during the immediately preceding 12 months. For leave to care for a covered servicemember, Employer measures the 12-month period beginning on the first day of leave and ending 12 months later.
FMLA leave may be taken intermittently or on a reduced leave schedule when medically necessary or for a qualifying exigency, provided that the employee makes reasonable efforts to avoid disruptions to Employer operations.
Employer may place an employee on FMLA leave when the employee's absence is for an FMLA-qualifying reason. FMLA leave may run concurrently with absence for a work-related illness or injury whether or not the employee receives workers' compensation benefits and/or an absence during which the employee seeks short or long term disability benefits.
FMLA leave taken for birth, adoption or foster care placement of a child must be taken consecutively, unless otherwise agreed and must be completed within one year of the birth or placement. A husband and wife who both work for the Employer are limited to a combined total of 12 weeks of leave for birth, adoption or foster care placement of a child, unless leave is needed for the serious health condition of the mother or child.
Employees may not work elsewhere during FMLA leave. An employee who works elsewhere during FMLA may be disciplined, up to and including termination of employment.
Notice Requirements
If leave is foreseeable (e.g., birth, adoption or foster care placement of a child or planned medical treatment), the employee must give 30 days' notice of the need for leave in writing to the Business/Office Manager. If circumstances change or in case of a medical emergency, notice must be given in accordance with Employer's normal call-in procedure for unscheduled absences.
When giving notice, the employee must provide sufficient information for the Employer to determine whether the leave qualifies for FMLA protection, plus the timing and duration of leave. If absence is due to a reason for which FMLA leave was previously taken or certified, the employee must inform Employer of that when requesting additional leave.
Failure to give timely and sufficient notice may cause the leave to be delayed. An employee who is absent without approved leave may be disciplined, up to and including termination of employment.
Certification Requirement
Requests for leave due to a serious health condition must be supported by a medical certification. The Employer may require a second medical opinion by an independent physician of its choice (and, in some cases a third opinion by a mutually agreeable physician) at Employer expense. In the case of intermittent or reduced schedule leave, the
Employer may require periodic re-certification.
Requests for leave to care for a covered servicemember or for qualifying exigency must be supported by applicable certification.
Certification must be provided within 15 calendar days after the request for certification. Failure to provide required certification will result in denial of leave until the certification is provided.
An employee who is absent without approved leave may be disciplined, up to and including termination of employment.
Pay and Benefits During Leave
FMLA leave is unpaid, unless the employee has unused sick, vacation or other form of paid leave available which must be used until exhausted during FMLA leave. While an employee is receiving workers compensation or other disability benefits, the employee will not be required to exhaust unused sick, vacation or other form of paid leave.
Employer will continue the employee's health care coverage during FMLA leave as if the employee were not on leave. The employee must pay the employee portion of applicable premiums. If the employee's payment is more than 30 days late, the employee's health care coverage may be dropped for the duration of the leave. If a payment is not received, Employer will notify the employee by mail at least 15 days before the date coverage is dropped.
Vacation, sick and other forms of paid leave and seniority will not accrue during FMLA leave.
Fitness-For-Duty Certification
Before returning to work following leave due to an employee's serious health condition the employee must provide medical certification that the employee is able to perform the essential functions of the job. A list of the employee's essential functions will be attached to the Designation Notice provided when Employer designates leave as FMLA leave. The cost of fitness-for-duty certification is borne by the employee.
A fitness-for-duty certification will be required following an employee's return from intermittent leave or reduced leave schedule due to the employee's serious health condition if the Employer has reasonable safety concerns regarding employee's fitness to perform the duties of the job.
Reinstatement will be denied until fitness-for-duty certification is provided. An employee who is absent without approved leave may be disciplined, up to and including termination of employment.
Reinstatement
Upon expiration of leave, an employee will be reinstated to the position held when the leave began or to an equivalent position with the same (or substantially similar) benefits, pay and working conditions. Reinstatement to the same position or benefits may not be available if the position or benefits were changed or eliminated during the leave or the employee worked elsewhere during FMLA leave.
Failure to Return
An employee who fails to return to work or contact the Business/Office Manager within three (3) days after expiration of FMLA leave will be considered a voluntary quit. In addition, the Employer may recover from the employee the cost of any payments made to maintain the employee's health care coverage during FMLA leave, unless the failure to return to work is due to reasons beyond the employee's control.
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