Van Nuys Middle School

Faculty/Staff » FMLA Protected-Leave Absence

FMLA Protected-Leave Absence

FMLA Protected-Leave Absence


Link: FMLA District Website



See below for forms and bulletins



Basic Leave Entitlement

 

The federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)requires the Los Angeles Unified School District (LAUSD) to provide up to 12 weeks of job-protected leave to eligible employees for the following reasons:

-For a serious health condition that makes the employee unable to perform the employee's job
-To care for the employee's spouse, child*, or parent who has a serious health condition
-For incapacity due to pregnancy, prenatal medical care, or child birth (up to 18 weeks)
-To bond with the employee's child after the child's birth or placement through adoption or foster care
-When time off is needed for military exigency leave for a covered military service member
-To care for a covered military service member with a serious illness or injury sustained while on active military duty (up to 26 weeks)

* The definition of "child" is a biological, adopted, or foster care placed son or daughter under the age of 18 or over the age of 18 incapable of self-care because of a mental or physical disability.

 

 

Benefits and Protection

 

During a FMLA protected leave, LAUSD must maintain the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work. Upon return from a FMLA protected leave, employees will be reinstated to their original or equivalent position with equivalent pay, benefits, and other employment terms. (If your leave extends beyond the end of your FMLA entitlement, you do not have return rights under FMLA. However, you may have rights under your respective Collective Bargaining Agreement.) Use of a FMLA protected leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.

 

 

Eligibility Requirements

 

Employees are eligible if they have worked for LAUSD for at least one year, and worked the equivalent of 130 workdays or 1,250 hours over the previous 12 months from the start of their leave or the first day of absence due to serious health condition.

 

 

Definition of Serious Health Condition

 

Employees are eligible if they have worked for LAUSD for at least one year, and worked the equivalent of 130 workdays or 1,250 hours over the previous 12 months from the start of their leave or the first day of absence due to serious health condition.

 

 

Substitution for Paid Leave for Unpaid Leave

 

LAUSD requires the use of accrued paid leave while taking a FMLA protected leave. In order to use paid leave for a FMLA protected leave, employees must comply with LAUSD's normal paid leave policies.

 

 

Employee Responsibilities

 

Employees must provide 30 days advance notice of the need to take a FMLA protected leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and must comply with normal call-in procedures.

Employees must provide sufficient information for their supervisor to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform their supervisor if the requested leave is for a reason for which a FMLA protected leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

Employees should make a good faith effort to schedule medical appointments or to make arrangements to care for a covered family meber that will cause the least amount of disruption to District operations.

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