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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?
- HOW DO I TAKE FMLA LEAVE?
- DO I NEED A DOCTOR’S NOTE WHILE ON FMLA?
- DO I HAVE TO REQUEST FMLA?
- HOW MUCH FMLA CAN I USE?
- DO I GET PAID WHILE ON FMLA?
- DO I GET TO KEEP MY BENEFITS WHILE ON FMLA?
- WHO PAYS MY PORTION OF MY BENEFITS WHILE I’M ON FMLA?
- IF I ONLY WORK 10 MONTHS A YEAR, HOW DOES THE SUMMER AFFECT MY FMLA LEAVE?
- DOES MY EMPLOYER HAVE TO GIVE ME MY SAME JOB BACK WHEN I RETURN?
- HOW MANY TIMES CAN I TAKE FMLA?
- DO HOLIDAYS AND SCHOOL VACATIONS COUNT TOWARD MY 12 WEEKS?
- WHERE CAN I FIND OUT MORE ABOUT FMLA?
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.
The SM Health & Wellness Center is available to all employees, spouses and dependents on the district's insurance plan and employees who work at least 3.5 hours per day who are not on the district's insurance plan. The SM Health & Wellness Center offers many services including no cost visits, no cost prescriptions, first-aid, wellness programs, physicals, chronic condition management, coordination with your primary care physician, diagnosis and treatment of acute conditions, among others.
Visit our SM Health & Wellness Center website for more information, including hours and contact information.
Help begins when a family member calls the program. Based on your needs you will:
- Be connected with a counselor who will consult with you.
- Schedule an appointment with a counselor for you or your family.
- Be assisted with an insurance or community-based referral, if your situation requires further treatment or additional resources.
Call 800-236-3231 and identify yourself as eligible for Employee Assistance Program services through the School District of South Milwaukee.
All services are confidential. No information about you or your family situation will be shared with school personnel without your permission.