FMLA Frequently Asked Questions
BAISD Family and Medical Leave Act FAQs
How are employees eligible for FMLA?
In order to be eligible to take leave under the FMLA, an employee must have been employed by the BAISD for 12 months and have worked 1,250 hours during the 12 months prior to the start of the leave. Paid and unpaid leave hours, including previous FMLA usage, are not included in the 1,250 hours worked requirement.
How much leave is available under the FMLA policy?
Eligible employees may take up to twelve weeks of unpaid leave during any twelve-month period for a purpose that qualifies for leave under the FMLA Federal policy. FMLA leave may be taken consecutively or intermittently. FMLA runs concurrently with paid leave time.
What does a “twelve-month” period mean?
FMLA starts July 1 for each school year. FMLA will be calculated based on how much FMLA leave a person has used in previous FMLA absences.
When should I give notice of my request for FMLA leave?
Employees are required to provide at least 30-day notice of their intent to use the leave when the need is foreseeable, such as childbirth, planned medical treatments, foster placement, etc. When the need for leave is unexpected, the employee must provide notice as soon as possible after the need for the leave is known, generally not later than the next business day after the employee realizes the need for leave. Employees must comply with the BAISD's usual and customary notice requirements for requesting time away from work.
What information will BAISD provide to an employee going on FMLA leave?
Once the District receives the employee leave request along with supporting medical certification, the District will notify the employee, in writing, whether their leave has or has not been approved as FMLA.
Is FMLA leave paid?
FMLA leaves are unpaid leaves, but there are several ways in which the District’s policies on salary continuation, sick days, short-term disability, and vacation pay work in conjunction with certain kinds of FMLA leave to provide you with some form of income during such a leave.
Are employees required to exhaust earned and/or accrued paid time off?
District policy requires employees to substitute any earned and/or accrued paid leave until all paid time off has been exhausted. Any additional time off qualifying under FMLA will be considered unpaid. If you are a salaried employee, you will have the ability to have a contact adjustment based on your return date. All employees continue to be responsible for paycheck deductions (STD, Section 125 options, Health Insurance) taken while on FMLA. Employees who do not have any paid leave remaining will be sent an invoice to pay BAISD for deductions paid on the employee's behalf. Employees are able to drop additional coverage if they cannot afford them. Once dropped, additional coverages cannot be added back on until open enrollment. See FAQ 10.
Do employees earn sick/vacation accruals when they are on FMLA-qualifying leaves?
Employees only earn sick and vacation accruals when they are on paid leave. Employees represented by a union should refer to their respective collective bargaining agreements regarding paid time accruals.
Who enters my paid sick/vacation time while I’m off on an FMLA qualifying leave?
The employee will enter paid and unpaid time off into the absence reporting system. You are still responsible for notifying your supervisor of absences via the normal protocol for reporting absences (e.g., Willsub, call, text, email).
Are employees covered under their BAISD insurance while out on FMLA leave?
Insurance benefits continue while covered under FMLA leave. If your FMLA is unpaid, employees are still responsible for any premium contribution they were paying prior to going out on leave. Extension of insurance benefits may apply if continuation of paid leave. Otherwise, the district paid insurance benefits at the exhaustion of FMLA leave. Employees would receive COBRA information from the District.
Does workers’ compensation leave count against an employee’s FMLA leave entitlement?
It can. FMLA leave, and workers’ compensation leave can run together, provided the reason for the absence is due to a qualifying serious illness or injury.
