Family Medical Leave Act (FMLA)

    FMLA Eligibility: 
    Employees must have at least 12 months of service with the district or more during the previous 12-month period to qualify for FMLA.  Qualified employees are eligible for up to 12 weeks of leave and will be guaranteed that their job will not be eliminated.  Paid FMLA is available for the employee’s illness and is applied concurrently with sick leave, vacation pay and workers’ compensation as long as the employee has been notified.  Employees adopting a child will be allowed six (6) weeks of paid leave from the date of adoption.  Unpaid FMLA is available for a family member.  Employees will be eligible for district-paid medical benefits during FMLA.


    Notification Process:

    • A Notification letter will be mailed if a qualified employee is out more than 10 consecutive work days. 
    • Upon receipt of a Request of Absence form or doctor’s note a notification letter will be mailed within two (2) work days and FMLA will be applied retro to the first date of absence.  If letter is not mailed within two (2) work days of receipt of Request of Absence form or doctor’s note, FMLA application will begin on the date of the notification letter.
    • Additional absences for the same reason and taken during the 12-month period will be applied toward the 12 week period and the employee is considered notified from the initial notification process.
    **NOTICE NEW LAW** Parental Leave:
    As of January 1, 2017, AB 2393 amends Education code 4497735 (K-12 Certificated Employees) and adds Education Code sections 45196.1 (K-12 Classified employees) AB 2393 applies to eligible certificated and classified employees of school districts. Generally, to qualify for CFRA/FMLA leave, there are two eligibility requirements:
    1) the employee must have been employed by the district for a period of at least 12 months prior to taking the leave, and
    2) the employee must have actually worked 1,250 hours during the year immediately preceding the leave. 
    AB 2393 eliminates the second, 1,250 hours requirement.  So, in order to be eligible for parental leave under the Education Code, the employee need only have been employed by the District for 12 months to qualify, thus expanding parental leave benefits to part-time employees who otherwise would not be eligible. The 1,250-hour requirement is only eliminated for parental leave under the Education Code and still applies to other CFRA/FMLA-qualifying leaves, such as leave for an employee’s own serious health condition.
    Where both parents are employees of the district, the district may limit the period of bonding leave to 12 total workweeks to be shared between the two parents. Note that unmarried parents may have different unpaid leave rights under FMLA. AB 2393 clarifies that an employee “may” use his or her sick leave for the purposes of parental leave for a period of up to 12 workweeks.  Therefore, employees may choose not to use their sick leave while on bonding leave.  However, an employee must first exhaust all available sick leave, including all accumulated sick leave, and continue to be absent from his/her duties on account of parental leave in order to gain access to differential pay.

    The 12-workweek differential period is reduced by any period of sick leave, including accumulated sick leave, taken during parental leave.  For example, an employee who uses seven weeks of sick leave and accumulated sick leave during his/her bonding leave —    assuming this exhausts all such available leave —  is then eligible to receive differential pay for the remaining balance of the 12-week period —   an additional 5 weeks of leave.  An employee who elects not to exhaust his/her sick leave during the parental leave is ineligible for and cannot access the partial pay benefit.


Last Modified on April 4, 2018