Family and Medical Leave (FMLA)
It is the policy of the Morgan County Charter School System (MCCSS) to comply with the Family and Medical Leave Act (FMLA) of 1993 in its employment practices.
FMLA requires MCCSS to provide up to twelve (12) workweeks of FMLA leave (unpaid, job protected leave) during a 12-month period for certain family and medical reasons, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. However, the employee is required to use all paid leave, (sick/personal and/or vacation) available to him/her. At the time paid leave is exhausted, Leave without Pay (LWOP) will be entered. FMLA provides that if the employee returns to work before the FMLA leave is exhausted, the employee will be reinstated to the same job or an equivalent job with the same pay, benefits, and terms and conditions of employment. Note: There are certain restrictions regarding Maternity Leave. See FMLA leave for Maternity section below for more details.
Please refer to the Morgan County Charter School System’s full policy on FMLA.
Leaves under the FMLA may be taken for any of the following reasons:
- medical disability due to childbirth;
- to care for the employee’s child during the first year following birth;
- to care for the employee’s adopted child or foster child during the first year following placement;
- to care for the employees’ child, parent, or spouse who has a serious health condition (Qualifying Family Members);
- for a serious health condition that makes the employee unable to perform assigned duties;
- any qualifying exigency arising from the fact that the employee’s family member (the covered service member) is on covered active duty.
- for military caregiver leave to care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service member.
WHEN DO I NEED TO REQUEST FML?
If you meet one of the aforementioned qualifications, you may apply for FML. If you expect to be out of work for ten (10) days or longer, you must apply for FML (except for the birth of a child). A 30-day notice of pending leave is required when the leave is foreseeable. In any event, written notice in the form of a completed Request for Family / Medical Leave should be submitted by you as soon as possible. Failure to submit all proper FML documentation (including supporting documentation such as medical certification) within 15 days of absence could result in automatic denial of FML and possible disciplinary action.
WHAT ARE THE STEPS TO BE TAKEN?
- Consult with your healthcare provider about the number of days you must be absent.
- Discuss the leave with your principal or supervisor. The department/school protocol concerning requesting leave must always be followed.
- Complete the Request for Family / Medical Leave form.
- Submit and have your Health Care Provider complete the Certification of Health Care Provider form to include medical certification and/or other required documents supporting your reason for FML.
- All completed forms will need to be submitted to the Human Resources Department. Upon receipt of the FML request and completed medical certification, a notification letter will be mailed to the employee from the Human Resources Department regarding their leave status.
FML for Maternity Leave: Once sick leave is exhausted or the allowed 6 calendar weeks has passed for the birth of the child, the employee can apply for leave of absence without pay for up to the limits allowed in the FMLA. FMLA can be used to extend leave up to an additional 12 work weeks by completing the Request for Family/Medical form.
If FMLA is exercised, the employee shall return to work and be assigned to the first vacancy of an equivalent position, this approved by the Superintendent. At the end of the leave agreement, if a position is offered to the employee who has been properly informed and the employee refuses the employment, the Board has no further obligation to the employee. Click here to view the MCCSS full policy on Maternity Leave.
WHAT DO I NEED TO DO TO RETURN FROM FML?
If the leave was due to a serious health condition of the employee a completed Fitness for Duty Certification/Medical Release form from the treating health care provider addressing release to return to work must be submitted to the Human Resources Department. The employee’s return to work is dependent upon receipt of this documentation. This must be done prior to or on the first day of return to work. The employee must always coordinate/confirm return to work (in advance) with their principal/supervisor.
Forms can be downloaded below:
Step 1: Request for Family and Medical Leave (to be completed when in consultation with physician)
Step 2: After receiving your Request for FMLA form, Human Resources will send one of the below Medical Certifications based on the type of leave request. Forms are to be completed by the Physician 30 days prior to beginning of leave.
- Certification of Health Care Provider for Employee's Serious Health Condition
- Certification of Health Care Provider for Family Member’s Serious Health Condition
- Certification for Serious Injury or illness of a covered service member
- Certification for Serious Injury or illness of a veteran for Military caregiver
Step 3: Fitness for Duty Certification/Medical Release form (to be completed prior to returning back to work)
If you have any questions regarding FML, please contact the Human Resources Department.
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