FMLA

What is FMLA leave?

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected leave for qualifying family and medical reasons. The U.S. Department of Labor’s Wage and Hour Division (WHD) enforces the FMLA for most employees. 

Eligible employees can take up to 12 workweeks of FMLA leave in a 12-month period for:

• The birth, adoption or foster placement of a child with you,
• Your serious mental or physical health condition that makes you unable to work,
• To care for your spouse, child or parent with a serious mental or physical health condition, and 
• Certain qualifying reasons related to the foreign deployment of your spouse, child or parent who is a military servicemember. 

An eligible employee who is the spouse, child, parent or next of kin of a covered servicemember with a serious injury or illness may take up to 26 workweeks of FMLA leave in a single 12-month period to care for the servicemember.

You have the right to use FMLA leave in one block of time. When it is medically necessary or otherwise permitted, you may take FMLA leave intermittently in separate blocks of time, or on a reduced schedule by working less hours each day or week. FMLA leave is not paid leave, but you may choose, or be required by your employer, to use any employer-provided paid leave if your employer’s paid leave policy covers the reason for which you need FMLA leave.

Am I eligible to take FMLA leave?

You are an eligible employee if all of the following apply:

• You work for a covered employer, (You work for an elementary or public or private secondary school)
• You have worked for your employer at least 12 months,
• You have at least 1,000 hours of service for your employer during the 12 months before your leave, and 
• Your employer has at least 50 employees within 75 miles
• All healthcare and other benefits continue while on FMLA. 

OTHER LEAVE OPTIONS

If applicable, please check your bargaining unit contract for other leave options. For example, the East Maine Education Association Contract states that in the event of a protracted teacher illness, the school board may grant additional illness leave of absence without pay. (i.e., unpaid leave).

If you have any questions about leave options or want to discuss your situation, please call the Human Resources Department.  We are here to help.