Issue link: https://digital.copcomm.com/i/60893
ADVOCACY CORNER Family Medical Leave Act (FMLA), cont. from page 24 daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation. FMLA covered employers must also provide an eligible employee with up to 26 weeks of unpaid leave each year to care for a spouse, son, daughter, parent, or next of kin of a covered servicemember with a serious injury or illness incurred in the line of duty on active duty. What is a serious health condition? A "serious health condition" is an illness, injury, impairment, or physical or mental condition that involves either: • Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical-care facility, including any period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities) or subsequent treatment in connection with such inpatient care; or • Continuing treatment by a health care provider for an illness or injury resulting in a period of incapacity lasting more than three consecutive, full calendar days. Do employees have to go to the doctor to take FMLA for their own serious health condition? While initial medical certification by a health care provider is required, once the initial certification is complete, a visit to the health care provider may not be necessary for subsequent absences related to pregnancy or prenatal care, chronic serious health conditions, permanent or long-term conditions for which treatment may not be effective, or absences to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three days if not treated. Do employees have to take the leave in large periods of time? No! Under some circumstances, employees may take FMLA leave intermittently – taking leave in separate blocks of time for a single qualifying reason – or on a reduced leave schedule – reducing the employee's usual weekly or daily work schedule. When leave is needed for planned medical treatment, like doctor visits, the employee must make a reason- able effort to schedule treatment so as not to unduly disrupt the employer's operation. If 38 Summer 2012 ❘ AEA Advocate FMLA leave is for birth and care, or placement for adoption or foster care, use of intermittent leave is subject to the employer's approval. Are there special rules for educators? Yes! FMLA leave taken over the summer vacation when the employee would not have been required to report for duty is not counted against the employee's FMLA leave entitlement. Also, there are also special rules for "instruc- tional employees," who are teachers, athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. However, these special rules do not apply to most teacher assistants or aides, counselors, psychologists, or curriculum specialists, cafeteria workers, maintenance workers, or bus drivers. For example, if an employee is an instructional employee, then there may be restrictions on their ability to take intermittent leave that would account for more than 20 percent of the total number of working days over the period the leave would extend. Also if an instructional employee's FMLA leave ends during the three-week period before the end of the term, the employer can force the employee to stay on leave during those final three weeks of a term. Any additional leave required by the employer to the end of the school term is not counted as FMLA leave; however, the employer shall be required to maintain the employee's group health insurance and restore the employee to the same or equivalent job including other benefits at the conclusion of the leave. Also, a school can only have two academic terms or semesters each year for purposes of FMLA. If an employee takes FMLA to care for a servicemember's serious injury or illness, can the employee still take FMLA leave for other reason? Yes! An eligible employee taking service- member leave can take up to a combined total of 26 workweeks of leave for any FMLA- qualifying reason during the "single 12-month period." However, only 12 of the 26 weeks total may be for a FMLA-qualifying reason other than to care for a covered servicemember. Any further questions? If you have a question about your own FMLA rights, please go to aeahelpdesk.org. ✒