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Family and Medical Leave Act (FMLA) Guidelines

Eligible employees are entitled to 12 work weeks (60 days) of unpaid, job-protected leave for certain family and medical reasons. Employees are eligible if they have worked for TCSD for at least 12 months, have worked at least 1250 hours in the 12 months preceding the leave, and work at a site with at least 50 employees within 75 miles. The FMLA permits employees to take this leave intermittently or work a reduced schedule under certain circumstances.

REASONS FOR WHICH FMLA MAY BE USED

  • The birth of a child, or placement of a child with you for adoption or foster care
  • Your own serious health condition
  • Because you are needed to care for your spouse, child, or parent due to his/her serious health condition
  • Because of a qualifying exigency arising out of the fact that your spouse, son or daughter, or parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves
  • Because you are the spouse, son or daughter, or next of kin of a covered service member with a serious injury or illness

IMPORTANT NOTES

  • Documentation is required.
  • Employee is required to give 30 days' advanced notice and medical certification when "foreseeable." Taking of leave may be denied if requirements are not met.
  • FMLA runs concurrently (at the same time as) with any accumulated sick leave, vacation, or comp time the employee has available.
  • Any qualifying event that causes an employee to miss four (4) or more days of work must be reported as FMLA.

JOB BENEFITS AND PROTECTION

  • For the duration of FMLA leave, the employer must maintain the employee's health coverage.
  • Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
  • The use of FMLA cannot result in the loss of any employment benefit that accrued before the start of FMLA.

MILITARY FAMILY LEAVE

Military Family Leave is an amendment to the FMLA which allows an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to 26 work weeks of leave in a single 12 month period to care for the service member.

Eligible employees are entitled to 26 work weeks leave because of "any qualifying exigency" arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation.

Please direct any questions to Jamario Talley at (662) 363-2811 or talleyjam@tunicak12.org.