FAMILY MEDICAL LEAVE ACT (FMLA)
Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons:
The birth of a child or placement of a child for adoption or foster care;
To bond with a child (leave must be taken within 1 year of the child’s birth or placement);
To care for the employee’s spouse, child, or parent who has a qualifying serious health condition;
For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job;
For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent.
An eligible employee who is a covered service member’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to care for the servicemember with a serious injury or illness.
An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule.
Employees may choose, or an employer may require, use of accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies.
While employees are on FMLA leave, employers must continue health insurance coverage as if the employees were not on leave. Upon return from FMLA leave, most employees must be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions.
FAQs
How do I apply for FMLA Leave?
Log into your TalentEd Account and select Blank Documents located at the top right corner. From there, select the Family Medical Leave Request Form. Once that request is completed the payroll and HR department will approve the request and assign the forms to you through TalentEd.
What does the Family and Medical leave act provide?
The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 work weeks of unpaid leave a year, and requires group health benefits to be maintained at the expense of the employee during the leave as if employees continued to work instead of taking leave. Employees are also entitled to return to their same or an equivalent job at the end of their FMLA leave. The FMLA also provides certain military family leave entitlements. Eligible employees may take FMLA leave for specified reasons related to certain military deployments of their family members. Additionally, they may take up to 26 weeks of FMLA leave in a single 12-month period to care for a covered servicemember with a serious injury or illness.
Am I an employee who is eligible for FMLA?
An employee who works for a covered employer must meet three criteria in order to be eligible for FMLA leave. The employee must:
Have worked for the employer for at least 12 months;
Have at least 1,250 hours of service* in the 12 months before taking leave; and
Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite.
*Special “hours of service” requirements apply to airline flight crew employees.
What are my options if I am an employee who is NOT eligible for FMLA?
Employees who are not eligible for FMLA Leave can apply for a Leave of Absence by completing the Leave Affidavit form and forwarding the signed, completed form to the Human Resource Department at the central office. Please visit the Leave of Absence section of WEHEARTNC for additional information related to a Leave of Absence.
What is considered a year for FMLA leave purposes?
Employees are eligible for up to twelve (12) work weeks of family and medical leave per rolling twelve (12) month period measured backward from the date an employee uses an FMLA leave, if they have been employed by the District for twelve (12) months, have worked at least 1,250 hours during the twelve (12) months preceding the start of the leave, and otherwise qualify for family and medical leave
When can an eligible employee use FMLA leave?
An eligible employee may use up to a total of 12 work weeks of unpaid, job-protected leave in a 12 month period for one or more of the following reasons:
for the birth of a son or daughter, and to bond with the newborn child;
for the placement with the employee of a child for adoption or foster care, and to bond with that child;
to care for an immediate family member (spouse, child, or parent – but not a parent “in-law”) with a serious health condition;
to take medical leave when the employee is unable to work because of a serious health condition; or
for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on covered active duty or call to covered active duty status as a member of the National Guard, Reserves, or Regular Armed Forces.
Is Short Term Disability an available option, while I am out on FMLA?
Short Term Disability is a voluntary benefit offered through Houchens Insurance Group, and administered by Mutual of Omaha. You may be eligible for short term disability if you enrolled in a short term disability plan when enrolling in voluntary benefits. Employees can call Mutual of Omaha at 1-800-877-5176 to start the claims process. For more information on short term disability please review the Short-Term Disability Guide.
Can I use sick, vacation or personal days during my FMLA Leave? Can I reserve some of my sick days while I am out on FMLA Leave?
To the extent that an employee is entitled to any paid leave, such leave shall be taken and it shall run concurrently with family and medical leave, except that the employee may request to reserve ten (10) days of sick leave. (This requirement shall not apply to employees taking workers’ compensation leave.) However, when an employee's work‑related injury/medical state qualifies as a serious health condition, worker's compensation leave shall run concurrently with the twelve (12) work week entitlement.
Paid leave used by the employee as required under this policy shall count, as applicable, against the twelve (12) or twenty-six (26) FMLA workweek entitlement.
If I am on FMLA leave for the birth or adoption of a child, is there a limit on the number of sick days I can use?
An employee may use up to thirty (30) days of sick leave immediately following the birth or adoption of a child or children. Additional sick leave days may be used when the need is verified by a physician’s statement.
If I am on FMLA leave for the care of an immediate family member, is there a limit on the number of sick days I can use?
To care for an immediate family member (spouse, child, or parent – but not a parent “in-law”) with a serious health condition
The use of accrued Sick leave is unlimited for the care of spouse, child or parent.
Does taking FMLA Leave affect my years or service with the district?
If your FMLA is unpaid, then yes your years of service with the district may be affected. In order to advance to the next step on the salary schedule, employees must be paid for 140 contract days in a school year.
Does taking FMLA Leave affect my years of service for retirement purposes?
TRS has a 5 day grace period. Certified employees can miss 5 days and still receive a full year of service credit with TRS. However the employee would not get their full salary credit for the year.
CERS service credit is based upon actual days worked and would be affected by unpaid leave.
Can I buy back years of service for retirement purposes.
Certified employees can purchase back a leave of absence with TRS. Employees have a year to purchase back a leave of absence. For example, an employee who has unpaid leave during the 2020-2021 school year would have until June 30, 2022 to purchase back the missed time. Employees must notify the board and TRS so that the proper paperwork can be completed. More information may be obtained on the TRS website.
https://trs.ky.gov/ or 1-800-618-1687.
Classified employees may also purchase back lost service credit due to an approved FMLA. More information may be obtained on the KRS website. https://kyret.ky.gov/Members/Pages/Members.aspx or by calling 1-800-928-4646.
If I take unpaid leave, while out on FMLA, how does that affect my paychecks?
Unpaid days are deducted from an employee’s pay as they are taken. For example, if you miss 3 days during a particular pay period, you would have 3 days of pay deducted from that pay check. If an employee has more unpaid days than a semi-monthly paycheck will cover, then the remaining days will be deducted from the following paychecks, until all days are deducted.
How will the cost of my benefits be handled while I am out on unpaid leave?
If an employee is out on unpaid leave they will be contacted by the central office with an amount of insurance premiums to be paid and will be required to bring a check to the central office by the 15th and/or the 25th of the current month. Group health benefits will be maintained at the expense of the employee during the leave, as if employees continued to work instead of taking leave.
Does an employee have to take leave all at once, or can it be taken periodically or to reduce the employee’s schedule?
When it is medically necessary, employees may take FMLA leave intermittently – taking leave in separate blocks of time for a single qualifying reason – or on a reduced leave schedule – reducing the employee’s usual weekly or daily work schedule. 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 operation. Leave to care for or bond with a newborn child or for a newly placed adopted or foster child may only be taken intermittently with the employer’s approval and must conclude within 12 months after the birth or placement.
Can an employer change an employee’s job when the employee takes intermittent or reduced schedule leave?
Employees needing intermittent/reduced schedule leave for foreseeable medical treatments must work with their employers to schedule the leave so as to not 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.
What paperwork do I need to complete, and/or have my physician complete?
Certification of Healthcare Provider for a Serious Health Condition:
Employee’s serious health condition, form WH-380-E – used when a leave request is due to the medical condition of the employee.
Family member’s serious health condition, form WH-380-F – used when a leave request is due to the medical condition of the employee’s family member. The FMLA also allows eligible employees to take up to 26 workweeks of unpaid, job-protected leave in a “single 12-month period” to care for a covered servicemember with a serious injury or illness.
AND
Leave Affidavit:
Leave Affidavit form – used to indicate what sick and personal days you will be using while you are away from the office on an FMLA Leave.