Family Medical Leave Act (FMLA)

What is FMLA?

FMLA is a federal law, passed in 1993, that helps balance work and family life and promotes economic security of families and serve national interest in preserving family integrity by granting leave for family and medical circumstances. It permits eligible employees up to 12 weeks* of job-protected leave and benefits continuation for qualifying events.
The employees may use their own leave or use leave without pay during an FMLA event. CCPS will run the employee’s leave concurrently with FMLA regardless of whether it is paid or unpaid. Choosing unpaid leave and then paid leave does not extend the days the number of approved weeks.
There are exceptions to this rule if the husband and wife both work for the same employer.
Combined total of 12 weeks for the birth or adoption of a child.
Combined 26 weeks to take care of a covered ill or injured service member.

FMLA Qualifying Events

Employee’s own serious health condition.
A family member’s (spouse, parent, child under the age of 18) serious health condition.
The birth or care of a newborn child.
The adoption or foster care of a child.
Qualifying military exigencies (urgencies).

Employee Eligibility

To be eligible for FMLA leave the employee must have been employed at least 12 months by your employer and worked at least 1,250 hours in the previous 12 months.

Must be employed by a covered employer.
Must have worked at least 12 months for the employer.
Must have a minimum of 1,250 hours of service during the 12 months before their leave is to begin.
Example-An employee is requesting FMLA with an anticipated start date of 4/1/22 and an anticipated end date of 5/15/22. The Benefits Representative will “look back” at the 12-month period starting 4/1/21 through 3/31/22 to determine if the employee worked 1,250 hours.
Must be employed at a work site with 50 employees within 75 miles.

Continuous Leave

Leave is for consecutive number of days.
When an employee is designated for continuous leave, he/she will be provided job-protected leave for a single period based on a Certification of Health Care Provider form completed by a licensed medical provider.
All medical documentation/FMLA requests are confidential between the employee and the Benefits Department.
The supervisor is provided with the leave start and end date, as well as a return-to- work date.
The Benefits Representative will reach out to the employee prior to the return-to-work date and confirm that he/she does not need to extend the leave and is medically fit to return (if applicable).
The supervisor will be emailed when a return-to-work form is received from the employee. If the employee does not show up on the return-to-work date, the supervisor should contact the Benefits Representative who will attempt to contact the employee.

Intermittent

Leave is taken in separate blocks of time, or a reduced schedule is implemented.
The need for leave is not foreseeable.
The medical provider will be able to estimate the frequency of the leave.
All medical documentation/FMLA requests are confidential between the employee and the Benefits Department.
When the employee is designated to use intermittent leave, the supervisor will be notified by Employee Benefits.
If the employee is taking more leave than approved, it is the supervisor’s responsibility to contact the Benefits Representative. The Benefits Representative will obtain additional medical documentation from the employee, and any leave taken that is not documented in the leave schedule, will be considered unauthorized under the FMLA.
Special Rules for School Employees under FMLA.pdf

Employee FAQs

When and How Does an Employee Request FMLA?

An employee should request a FMLA packet when they expect to be out for a prolonged period (ex-the birth of a child, surgery, etc.) or when they have been out for three or more consecutive days.
The employee, the employee’s supervisor or the supervisor’s designee may request a FMLA packet.
All FMLA requests should be requested through the designated Benefits Representative for their school in the Employee Benefits Department or an email can be sent to employeebenefits @ccboe.com.
When the need for FMLA is foreseeable, the employee should provide at least 30 days’ notice. When the need for FMLA is not foreseeable, the employee must comply with the Charles County Public Schools (CCPS) policy for requesting leave, absent unusual circumstances.

What FMLA Documents Do Employees Receive?

FMLA Packet
Family & Medical Leave Procedures
Special Rules for School Employees Under FMLA
Family & Medical Leave Application
Certification of Health Care Provider
Maryland State Retirement Agency Form-Form 46 (this form is for employees enrolled in the teachers' pension plan with the Maryland State Retirement and Pension System)
Instructions for Completing Form 46
Family & Medical Leave-Return to Work Recommendation
Job Description
Sick Leave Donation Paperwork
Notice of Eligibility (mailed only to the employee after FMLA documents have been reviewed by the Employee Benefits Department).
Designation Notice (mailed to the employee after FMLA documents have been reviewed by Employee Benefits Department).

How is the Supervisor/Principal Notified if an Employee is Approved for FMLA?

The Benefits Representative will send the supervisor/principal an email notifying them if the employee was approved or denied for FMLA. Additionally, the principal’s secretary, the applicable HR Specialist and the employee will be included on the email. The email will include the following information:

Employee’s Name.
If the employee was “approved” for FMLA, it will include the anticipated FMLA “start” and “end” date.
The email will state if the employee was not approved for FMLA but may be eligible for a Leave of Absence (LOA) or the employee is not eligible for any leave programs.
Questions regarding the content of the email should be directed back to the Benefits Representative or an email can be sent to employeebenefits@ccboe.com.

How is the Supervisor/Principal Notified the Employee is Returning to Work?

The employee should notify the Benefits Representative that he/she is planning to return to work.
The employee must provide a Family & Medical Leave-Return to Work Recommendation that is signed and dated by a licensed medical provider.
It is suggested that the Return-to-Work Recommendation be provided to the Benefits Representative approximately ten days before the employee is expected to return to work.
The Benefits Representative will email the supervisor/principal and HR with the following information:
- Employee’s Name.
- Employee’s expected return to work date.
- Employee’s restrictions, if any.
If the employee is returning with restrictions, then the Benefits Representative will contact the supervisor/principal, and possible Human Resources, to propose the appropriate work accommodations.
If the employee does not return to work by the date that the Benefits Representative stated in the email, the supervisor/principal should contact the assigned Benefits Representative or send an email to employeebenefits@ccboe.com.
The Benefits Representative will contact the employee and determine the status of the employee’s return to work (if return to work forms have not been received and it is getting close to their anticipated return to work date). The Benefits Representative will provide the supervisor/principal with an update.
If an employee returns to work, and the supervisor/principal has not received a return-to-work email notification from the Benefits Representative. The supervisor/principal should contact the Benefits Representative immediately and should not permit the employee to return to work.

Supervisor/Principal FAQs

Do I as a supervisor/principal, have the option to delay FMLA?

When should an employee start the FMLA Process?

The supervisor should contact Employee Benefits to initiate the FMLA process when an employee informs them that he/she needs time off for a reason that may be covered by the FMLA. The employee may not be as clear as to mention the “FMLA” when asking for the time off, but the supervisor should be aware. If you are unsure, contact the Benefits Representative assigned for your school or send an email to employeebenefits@ccboe.com.

Benefits Department

employeebenefits@ccboe.com

Deborah Depriest	(301) 934-7289	ddepriest@ccboe.com
Ruth Marie Long	(301) 934-7202	rlong@ccboe.com
Tom Antonielli	(301) 934-7317	tantonielli@ccboe.com

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