The Family and Medical Leave Act (FMLA) provides job-protected leave from work for family and medical reasons. This fact sheet explains employers’ obligations to provide employees information about their FMLA rights and responsibilities.

The FMLA provides eligible employees of covered employers with job-protected leave for qualifying family and medical reasons and requires continuation of their group health benefits under the same conditions as if they had not taken leave. FMLA leave may be unpaid or used at the same time as employer-provided paid leave. Employees must be restored to the same or virtually identical position when they return to work after FMLA leave.

Eligible employees: Employees are eligible if they:

• Work for a covered employer for at least 12 months,

• Have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts, and

• Work at a location where the employer has at least 50 employees within 75 miles.

Covered employers: Covered employers under the FMLA include:

• Private-sector employers who employ 50 or more employees in 20 or more workweeks in either the current calendar year or previous calendar year,

• Public agencies, including Federal, State, and local government employers, regardless of the number of employees, and

• Local educational agencies, including public school boards, public elementary and secondary schools, and private elementary and secondary schools, regardless of the number of employees.

The FMLA protects leave for:

• The birth of a child or placement of a child with the employee for adoption or foster care,

• The care for a child, spouse, or parent who has a serious health condition,

• A serious health condition that makes the employee unable to work, and

• Reasons related to a family member’s service in the military, including:

  • Qualifying exigency leave – leave for certain reasons related to a family member’s foreign deployment, and

  • Military caregiver leave – leave when a family member is a current servicemember or recent veteran with a serious injury or illness.

CLICK HERE for the FMLA PowerPoint from the Wages and Hour Division of the United States Department of Labor

Step 1: Request for FMLA Leave form. This form is completed by the employee and sent to the Director of Human Resources at the Board of Education & Administrative Offices, via interschool mail.

Step 2. The Director of Human Resources will send the employee a Notice of Eligibility form indicating whether or not the FMLA leave request is eligible or not.

Depending on the FMLA leave requested, the Director of Human Resources may require the employee to have one of the following certification documents completed:

Certification of Health Care Provider for Employees Serious Health Condition Under the FMLA (WH-380-E)

Certification of Health Care Provider for Family Members Serious Health Condition Under the FMLA (WH-380-E)

Certification for Military Family Leave for Qualifying Exigency Under the FMLA (WH-384)

Step 3. Once all forms are received and revied, the Director of Human Resources will send the employee the Designation Notice, which will outline whether the FMLA leave request is approved or denied.

For more information on Family and Medical Leave Act (FMLA), please call the Director of Human Resources at (586) 727-3565, ext. 6050.