FMLA Questions Answered

Yes. Even if you have enough sick leave available to cover your leave you MUST submit a Leave of Absence Request and FMLA may be applied.

Complete the Leave of Absence Request Form. On this form you will be applying for FMLA through the district and while on leave you'd use sick, personal, vacation or unpaid leave. You will also complete this form if you are applying for Paid Family Medical Leave (PFML). FMLA will run concurrently with PFML.

If you are requesting leave that is medical in nature, you will also need to complete one of the following medical certification forms as part of your application. This form is 3 pages, the first page has a few areas for you to fill out, the remainder is filled out by your doctor and then returned to Human Resources.

• Leave of Absence Request Form
• Health Care Provider Form
  • Employee
  • Family member

Requests for leave must be submitted at least 30 days prior to the start of the leave if the need for the leave is foreseeable. If the leave is not foreseeable, the request for leave must be made as soon as it is practical based on the individual circumstances. We recommend that you submit your request for leave as soon as possible.

In loco parentis refers to the type of relationship in which a person has put themselves in the situation of a parent by assuming and discharging the obligations of a parent to a child. It exists when an individual intends to take on the role of a parent. For more information visit the U.S. Department of Labor Fact Sheet #28.

Yes. Eligible employees may take up to 12 workweeks (60 workdays) of leave from September 1 to August 31. You must reapply for FMLA leave annually.

No. The FMLA law only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid leave, such as vacation or sick leave, for some or all the FMLA leave period. When paid leave is substituted for unpaid FMLA leave, it may be counted against the 12-week FMLA leave entitlement if the employee is properly notified of the designation when the leave begins.

You may be qualified to take FMLA leave if you have been a contracted employee of South Kitsap School District for at least 12 months and you have worked at least 1,250 hours during the 12-month period/school year immediately preceding the leave.

The 1,250 hours needed to qualify for FMLA are hours worked. Paid leave (including FMLA, sick leave, holidays, personal leave, and vacation) and unpaid leave, (including FMLA and PFML) are NOT counted as “working hours”.

No. Employees may choose to utilize all or a portion of their accrued leave or be on unpaid leave.

Yes. FMLA leave and worker’s compensation leave run concurrently, if the reason for the absence is due to a qualifying serious illness or injury and the employer properly notifies the employee in writing that the leave will be counted as FMLA leave.

Under FMLA law, an employee is entitled to the continuation of the group health insurance coverage during FMLA leave on the same terms as if he/she had continued to work. If family member coverage is provided to an employee, that family coverage must also be maintained during FMLA leave. The employee must continue to make any normal contributions to the cost of the health insurance premiums.

• If you will be using accrued leave to remain in a paid status during your FMLA leave and you pay a portion of your medical premiums, then your portion will continue to be deducted from your monthly pay warrants as usual.
• If you will be on unpaid leave and you pay a portion of your medical premiums, then you may need to pay by check directly to the payroll department for your portion of premiums, depending on your return date.

Yes. If available to them, employees can receive short-term and/or long-term disability payments when on FMLA leave. Disability insurance provides you with a cash benefit to help pay for everyday expenses if a covered disability takes you away from work. For more information about disability insurance.

Yes. Pregnancy disability leaves or maternity leave for the birth and/or care of a newborn child would be considered qualifying FMLA leave and may be counted in the 12 weeks of leave as long as the employer properly notifies the employee in writing of the designation.

In most situations, the employer cannot count leave as FMLA leave retroactively. FMLA cannot be backdated prior to the date that the employer was notified of the need for FMLA leave.

An employee’s spouse, child (son or daughter), and parents are immediate family members for the purposes of FMLA.

• The term “parent” is a biological, adoptive, step or foster father or mother, or someone who stood in loco parentis to the employee when the employee was a son or daughter. Parent does not include a parent “in-law” for FMLA purposes.
• The terms “son or daughter” is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age or 18 or older and incapable of self-care because of a mental or physical disability.

No. An employee on continuous leave may not attend PD/PL days, Back to School day, and/or Summer Institute. These are non-contracted days and do not count toward FMLA days, but an employee on continuous leave cannot report to work during their leave.

Employees are entitled to take intermittent or reduced schedule leave for the employee’s or qualifying family member’s serious health condition. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer’s operations. Leave to bond with a child after the birth or placement must be taken as a continuous block of leave unless the employer agrees to allow intermittent or reduced schedule leave.

Yes. When an employee is on unpaid leave, he/she will not accrue retirement credit. For Certificated staff: unpaid leave also reduces FTE/years of experience and may alter eligibility to advance on the salary schedule.