The Family and Medical Leave Act
FMLA
The Family and Medical Leave Act (FMLA) provides an employee seeking FMLA protections because of a need for leave due to a serious health condition to submit a medical certification issued by the employee’s health care provider. 29 U.S.C. §§ 2613, 2614(c)(3); 29 C.F.R. § 825.305. The employer must give the employee at least 15 days to provide the certification. If the employee fails to provide complete and sufficient medical certification, his or her FMLA leave request may be denied. 29 C.F.R. § 825.313. Information about the FMLA may be found on the WHD website at www.dol.gov/agencies/whd/fmla.
FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
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Twelve workweeks of leave in a 12-month period for:
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The birth of a child and care for the newborn child within one year of birth;
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the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
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to care for the employee’s spouse, child, or parent who has a serious health condition;
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a serious health condition that makes the employee unable to perform the essential functions of his or her job;
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any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
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Twenty-six work weeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
ARPS employees can request FMLA via PowerSchool Records by selecting the available form called Family and Medical Leave Act (FMLA) Request. Also, they can download the needed form from the PDFs attached below. Please remember, our team is here to support you through this process, providing guidance and assistance whenever you need it.
WH-380-E: FMLA Certification of Health Care Provider for Employee’s Serious Health Condition
WH-380-F: FMLA Certification of Health Care Provider for Family Member’s Serious Health Condition
If you have any remaining sick or personal time beyond the 60 working days, that will roll over into the following school year when you return from leave. It's important to note that once your FMLA leave is exhausted, the rest of your leave will be unpaid. However, your experience and contribution are important to us, and we encourage you to come and meet with me regarding your leave by selecting the time that best works for you using my Calendly.
Any available sick and personal time will be used during your FMLA leave. Once your FMLA leave is exhausted, the district will be required to terminate your insurance and provide you the option of enrolling in COBRA coverage. When an employee decides to go on non-FMLA leave, paid or unpaid, the district will be required to terminate your insurance and provide you with the option of enrolling in COBRA coverage. COBRA (Consolidated Omnibus Budget Reconciliation Act) allows employees and their families to keep their health & Life insurance for a limited time after a qualifying event. Please remember that we have resources available to help you navigate this transition, ensuring you have the support you need during this time.
COBRA Coverage
COBRA coverage generally costs more than employee health insurance during active employment because the individual is responsible for paying the full premium, including the portion previously covered by the employer. For additional information about COBRA coverage, please contact Carol Newman-Rose at newman-rosec@arps.org.