Family Medical Leave / Temporary Disability Leave
If an employee is absent from work for more than five consecutive days, they must apply for one of the following protective leave of absence by completing the appropriate paperwork with the Human Resources Office.
To Request FMLA Please Complete the Form at the following link:
FAQ
If you are an "FMLA-eligible" employee, you are entitled to 12 weeks of FMLA leave for certain family and medical reasons during a 12-month period. Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months.
2. How much notice must an employee give before taking FMLA leave?
When the need for leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment, an employee must give at least 30 day’s notice. If 30 day’s notice is not possible, an employee is required to provide notice “as soon as practicable.” The regulations clarify that it should be practicable for an employee to provide notice of the need for leave that is foreseeable either the same day or the next business day.
3. Does the Family and Medical Leave Act guarantee paid time off?
No. FMLA is a unpaid leave. Employees are required to use their accrued paid days, such as vacation or sick leave, for all of the FMLA leave period. Once your accrued days are exhausted, you will be docked for your remaining days you are off.
4. Can the employer count leave taken due to pregnancy complications against the 12 weeks of FMLA leave for the birth and care of my child?
Yes. An eligible employee is entitled to a total of 12 weeks of family medical leave in a 12-month period. If the employee has to use some of that leave for another reason, including a difficult pregnancy, it may be counted as part of the 12-week FMLA leave entitlement.
5. Is an employee required to follow an employer’s normal call-in procedures when taking FMLA leave?
Yes. Under the regulations, an employee must comply with an employer’s call-in procedures unless unusual circumstances prevent the employee from doing so (in which case the employee must provide notice as soon as he or she can practicably do so). The regulations make clear that, if the employee fails to provide timely notice, he or she may have the FMLA leave request delayed or denied and may be subject to whatever discipline the employer’s rules provide.
6. Who is considered an immediate "family member," under the Family and Medical Leave Act, for purposes of taking FMLA leave?
An employee’s spouse, children (son or daughter), and parents are immediate family members for purposes of FMLA. The term "parent" does not include a parent"in-law". The terms son or daughter do not include individuals age 18 or over unless they are "incapable of self-care" because of mental or physical disability that limits one or more of the "major life activities" as those terms are defined in regulations issued by the Equal Employment Opportunity Commission (EEOC) under the Americans With Disabilities Act (ADA).
7. Do I have to give my employer my medical records for FMLA leave due to a serious health condition?
No. You do not have to provide medical records under the Family and Medical Leave Act. The employer may, however, request that, for any leave taken due to a serious health condition, you provide a medical certification confirming that a serious health condition exists.
8. Can my employer require me to return to work before I exhaust my FMLA leave?
Subject to certain limitations, your employer may deny the continuation of family medical leave due to a serious health condition if you fail to fulfill any obligations to provide supporting medical certification. The employer may not, however, require you to return to work early from FMLA leave by offering you a light duty assignment.
9. Can my employer refuse to grant me FMLA leave?
If you are an “eligible" employee who has met FMLA’s notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year), you may not be denied leave under the Family and Medical Leave Act.
10. Can I use my disability insurance while on leave?
Disability Insurance is a paid supplement benefit, not a leave, therefore they are completely separate. To determine if you have the disability insurance benefits and what the procedures are, contact the Terry Shurtleff at [email protected]
Maternity Leave
1. Who is the contact person for leave questions?
Derek Bowman; Director of Personnel & Administrative Services at 936-825-4200 or [email protected]
2. Does Navasota ISD offer “Maternity/Paternity Leave”?
Navasota ISD uses the FMLA for Maternity Leave. Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months. If both parents are NISD employees and are eligible for FML, then the FML time off is limited to a combined total of 12 weeks and runs concurrently with any other leave.
3. What is FMLA?
FMLA stands for the Family Medical Leave Act, which is an unpaid leave regulated by the US Department of Labor. If you qualify for FMLA, you are able to take up to 12 work weeks of leave due to the birth of a baby.
4. What forms do I need to complete?
Please complete the Request for FMLA form. This form can be found on the district website, under the Human Resources, FMLA Leaves and Absences.
5. Does Navasota ISD give paid maternity leave?
FMLA is an unpaid leave. The only way you get paid when out on any type of leave is if you have the days accumulated to be paid either through state, local or vacation days. Navasaota ISD does require an employee to use all accrued days they have to run concurrent with their FML. For Example - if you have 20 days accumulated and choose to take off the full 60 days of FML, the first 20 days will be paid to you using your accrued days with the balance of the 40 days being unpaid.
6. Can the employer count leave taken due to pregnancy complications against the 12 weeks of FMLA leave for the birth and care of my child?
Yes. An eligible employee is entitled to a total of 12 weeks of family medical leave in a 12-month period. If the employee has to use some of that leave for another reason, including a difficult pregnancy, it may be counted as part of the 12-week FMLA leave entitlement.
7. Can I take off work longer than the 12 weeks if I want a longer maternity leave?
No. Once your doctor releases you, there is no additional time off, paid or unpaid, beyond the 12 weeks.
8. I have Disability Insurance, how does this affect my leave?
Disability Insurance is a pay supplement benefit, not a leave, therefore they are completely separate. To determine if you have the disability benefit and what the procedures are, contact Terry Shurtleff at [email protected]
Family Medical Leave Act
To qualify for Family Medical Leave (FML) you must have worked for the district for a minimum of one year and worked 1,250 hours in the prior twelve (12) months.
a serious health condition that makes the employee unable to perform the essential functions of his or her job;
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”
Twenty-six work weeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).