FREQUENTLY ASKED QUESTIONS
WHAT IS FMLA?
The federal and state Family and Medical Leave Acts (FMLA) are a set of laws that allows qualified employees to take a specific amount of unpaid leave with job protection. An employee's accumulated sick leave, vacation time, or personal days may be used during time out due to FMLA.
Leave will be granted for any of the following reasons:
- The birth of a child and to bond with the newborn child within one year of birth;
- The placement with the employee of a child for adoption or foster care and to bond with the newly placed child within one year of placement;
- A serious health condition that makes the employee unable to perform the functions of his/her job, including incapacity due to pregnancy and for prenatal medical care
- To care for the employee’s spouse, son or daughter, or parent who has a serious health condition (including incapacity due to pregnancy and for prenatal medical care)
- To care for the employee’s domestic partner or parent-in-law who has a serious health condition (WI only)
FMLA was amended in 2008 and now permits a spouse, son, daughter, parent or next of kin to take up to 26 workweeks of leave to care for a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
WHO IS ELIGIBLE TO TAKE FMLA?
To be eligible, an employee must have worked for the School District of South Milwaukee at least 12 months and at least 1,250 hours within a 12-month period before the leave begins. (1000 hours for WI FMLA)
HOW DO I TAKE FMLA LEAVE?
Complete a Request for Leave Form.
You, or medical personnel, will also need to complete additional forms that will be sent to you after you request the leave.
DO I NEED A DOCTOR’S NOTE WHILE ON FMLA?
You are required to produce medical certification to support a request for leave due to a serious health condition. This must be received by the Human Resources Department within 15 days of the start of such leave.
DO I HAVE TO REQUEST FMLA?
If you miss work due to one of the reasons listed above, you should always ask if you are eligible.
HOW MUCH FMLA CAN I USE?
You may take a maximum of 12 weeks. If a husband and wife both work for the SDSM, the combined leave shall not exceed the 12 week period when the leave is taken for the birth or placement of a child or to care for a parent with a serious health condition.
DO I GET PAID WHILE ON FMLA?
The district will pay any accrued sick and/or personal time while you are eligible for FMLA.
DO I GET TO KEEP MY BENEFITS WHILE ON FMLA?
Yes, but you must continue to pay your portion of the premiums during the paid portion of FMLA. The district will continue to pay the district’s share of your premiums.
WHO PAYS MY PORTION OF MY BENEFITS WHILE I’M ON FMLA?
You do.
IF I ONLY WORK 10 MONTHS A YEAR, HOW DOES THE SUMMER AFFECT MY FMLA LEAVE?
The summer does not count toward your FMLA.
DOES MY EMPLOYER HAVE TO GIVE ME MY SAME JOB BACK WHEN I RETURN?
Upon return from FMLA you will resume your original position, or have an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.
HOW MANY TIMES CAN I TAKE FMLA?
The maximum amount of time you may take is 12 weeks in a 12 month period. The 12 month period shall be a rolling twelve (12) month period measured backward from the date an employee uses any FMLA leave. (WI FMLA is based on a calendar year.)
DO HOLIDAYS AND SCHOOL VACATIONS COUNT TOWARD MY 12 WEEKS?
Schools, like other employers, can only count leave time as FMLA leave when the employee would be otherwise working. For example, teachers typically are not required to work during the spring, summer, and winter breaks. Thus, if the employee took FMLA leave before one of these breaks, the period of the break does not count as FMLA leave weeks for that employee.
Example: Teacher takes FMLA during the week between December 24 and January 1. That week of winter break would not be counted as FMLA.
Since clerical, maintenance, security, and some administrative employees are required to work some or all of the periods of summer, winter, and spring breaks, these weeks would be counted as FMLA leave for those employees. Weeks in which the school is open for a portion of the week, such as Thanksgiving week and President's Day week, would be counted toward FMLA leave for all employees.
WHERE CAN I FIND OUT MORE ABOUT FMLA?
Visit the website US Department of Labor The Family and Medical Leave Act (FMLA)