WHAT IS FMLA?

Unpaid, job-protected leave for specific family and medical reasons

WHO IS ELIGIBLE?

Employees who have worked at least 12 months from the request of leave for LCS;

AND

Have worked for at least 1250 hours in the last 12 months

WHAT IS THE CRITERIA FOR HR TO INQUIRE?

3+ sick day absences in a row or frequent absences for similar reasons 

DO I HAVE TO USE FMLA?

Under certain circumstances, FMLA does not apply (e.g., absent due to a cold, strep throat, etc.).  However, FMLA is in the best interest of the employee, because it protects the employee's job from termination and health insurance in certain cases. 

HOW MUCH TIME AM I ENTITLED?

12 weeks per rolling 12 months 

HOW IS TIME COUNTED?

• Full week - 5 workdays

• Partial week - weeks that include work and nonwork days (e.g., Thanksgiving week) are considered a full week

• Intermittent - 1.0 day units

WHAT ARE CONSIDERED ELIGIBLE REASONS?

• Serious health condition of employee (i.e. pregnancy, condition requiring hospital stay, medical condition that incapacitates you for more than three consecutive days and require ongoing medical treatment).

• Serious health condition of: spouse (spouse means recognized under state law for purpose of marriage in the state where the employee resides, including common law marriage and same-sex marriage); child; parent; loco parentis (legal guardian, caring for child while family member in active military or co-parenting a child with his or her same-sex partner).

• Military family leave (may take up to 26 weeks in a single 12 month period to care for a covered service member with a serious injury or illness).

WHAT ARE THE EMPLOYEE'S RESPONSIBILITIES?

• Notify LCS with appropriate notice (if surgery or pregnancy you must give 30 days advance notice).

• If you learn of need less than 30 days in advance, notify your supervisor and the superintendent ASAP.

• Must provide information indicating that your leave is due to an FMLA-protection condition (for example, stating you have been to the doctor and have been given antibiotics and told to say home for 7 days)

• Have FMLA physician paperwork completed and returned to LCS within 15 calendar days.

• If there is deficiencies in the information received LCS may require a 2nd medical opinion and may require a 3rd if the 1st and 2nd opinions differ.

MISCELLANEOUS

• FMLA is unpaid leave. 

• LCS will use your sick/personal time until that is exhausted.

• Your right to maintain your health benefits paid by LCS until the 12 week leave period has ended. Once that has ended employees must contact Erica Martin at 810-591-3982 to make arrangements to pay and continue health coverage.

• Keep in mind that if you exhaust your FMLA leave entitlement and are unable to return to work, LCS is not required to restore your position.

• When you return to work, the FMLA requires you return to the same job you left, or one that is nearly identical.

WHAT DOCUMENTS DO I NEED TO COMPLETE?

There are five DOL optional-use FMLA certification forms.

Certification of Healthcare Provider for a Serious Health Condition

• Employee’s serious health condition, form WH-380-E – use when a leave request is due to the medical condition of the employee.

• Family member’s serious health condition, form WH-380-F – use when a leave request is due to the medical condition of the employee’s family member.

Certification of Military Family Leave

• Qualifying Exigency, form WH-384 – use when the leave request arises out of the foreign deployment of the employee’s spouse, son, daughter, or parent.

• Military Caregiver Leave of a Current Servicemember, form WH-385 – use when requesting leave to care for a family member who is a current service member with a serious injury or illness.

• Military Caregiver Leave of a Veteran, form WH-385-V – use when requesting leave to care for a family member is who a covered veteran with a serious injury or illness.

HOW LONG DO MY PHYSICIAN AND I HAVE TO RETURN THESE DOCUMENTS?

• A deadline of at least 15 days is provided.

• If documentation is not furnished, FMLA may be denied.

WHAT DO I DO IF I EXHAUST MY FMLA LEAVE OR AM NOT ELIGIBLE?

Request a paid/unpaid leave of absence to the superintendent's office.

Example: 

Due to having exhausted my FMLA leave and the continued need of recovery time from my surgery, I am requesting to take an unpaid leave of absence from my current position of paraprofessional at LakeVille Middle School from October 7-10, 2025, with a return to work date of October 11, 2025.  

The superintendent's office will respond to the request with an approval, denial, or approval with revision (partial approval).  Should an employee need leave beyond what is approved, we will meet to discuss long-term plans.

To request a leave through the Family and Medical Leave Act, please fill out these two forms and return to the superintendent’s office.

• Request for Medical Leave of Absence

• WH-380-E