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Introduction to the
Family and Medical Leave Act
Special rules for teachers
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Who is a
teacher?
The term teacher
includes athletic coaches,
driving instructors and special education assistants -- as well as teachers. However,
teacher
does not include teacher assistants or aides (unless their actual job is teaching or
instructing), counselors, psychologists, curriculum specialists, cafeteria workers,
maintenance workers or bus drivers. |
If the teacher needs to take leave for
medical treatment on an intermittent basis, and the teacher would be out for more than 20
percent of the time during the period of the intermittent leave, the school may require
that the employee elect either to take the leave for periods of time not to exceed the
duration of the planned medical treatment or transfer to a temporary position (with equal
pay and benefits) which will allow the employer to better accommodate the recurring
absences. See, 29 U.S.C. Section 2618.
FMLA leave near the end of the
school term
If a teacher needs to take family or medical
leave near the end of the school term, the teacher must comply with one of three special
rules listed below. The question of which rule applies depends on how close to the end of
the term the leave will be taken:
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If the employee begins leave
more than 5
weeks prior to the end of the end of the academic term, the school may require the
employee to continue taking leave until the end of the term if: (1) the leave is scheduled
to last at least 3 weeks; and (2) the employee would not return until sometime during the
last three weeks of the school term.
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If the employee begins leave
less than 5
weeks prior to the end of the academic term, the employer may require the employee to
continue taking leave until the end of the school term if the scheduled leave is longer
than 2 weeks and the employee would not return to work until sometime during the last two
weeks of the school term.
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If the employee begins leave
less than 3
weeks prior to the end of the academic term, and the scheduled leave is longer than 5
days, the school may require the employee to continue taking leave until the end of the
term.
See, 29 U.S.C. Section 2618(d).
FMLA and Collective
Bargaining Agreements
If the employee is subject to a collective
bargaining agreement that provides more family or medical leave than this Act, the
employer is still bound by the collective bargaining agreement. However, if the collective
bargaining agreement provides less family or medical leave than this Act, the Act
controls. See, 29 U.S.C. Section 2652.
State family and medical
leave laws
If your state or locale has a family and
medical leave law that provides greater benefits than the FMLA, your state or local law
controls. See, 29 U.S.C. Section 2651.
Employer's duty to post notice
The employer must post, in a conspicuous place, a
notice setting forth excerpts from and summaries of the Family and Medical Leave Act --
along with information related to pursuing a claim. Any employer who willfully violates
this requirement may be fined $100. See, 29 U.S.C. Section 2619.
How long does an employee
have to sue
An employee must file suit within two years of
the employer's violation of the Act (or within three years if the violation is willful).
See, 29 U.S.C. Section 2617.
But remember, federal employees who are
covered by the FMLA are covered by an entirely different set of statutes than those
covered in this article.
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