Common use of Personal Illness and Family Medical Leave Act (FMLA) Clause in Contracts

Personal Illness and Family Medical Leave Act (FMLA). The teacher may use accumulated personal illness or disability leave to substitute for unpaid leave provided under Family and Medical Leave Act of 1993, which allows up to twelve (12) work weeks (sixty (60) work days or parts thereof) of unpaid leave, providing benefits during a contract year for employees that meet eligibility requirements and are currently insured by the district. FMLA allows employees to take twenty-six (26) weeks of leave to care for a spouse, child, or parent with an illness or injury incurred in the line of active duty with the Armed Forces. Federal law mandates that eligible employees are offered FMLA leave after three (3) consecutive days to care for their own or immediate family members’ serious health condition. Contracts will be suspended and salary payments stopped as soon as the teacher goes into unpaid leave and restarted at the time the teacher returns from leave based on the actual number of days and at the per diem rate for which the teacher works. If a teacher is able to anticipate the duration of a leave and expects that the leave will exhaust his/her accumulated sick and personal days, it may be possible to calculate income earned up to the starting date of the leave, plus accumulated sick and personal days, and to reduce his/her earned income, by spreading that reduction over a specified number of paychecks.

Personal Illness and Family Medical Leave Act (FMLA). The teacher may use accumulated personal illness or disability leave to substitute for unpaid leave provided under Family and Medical Leave Act of 1993, which allows up to twelve (12) work weeks (sixty (60) work days or parts thereof) of unpaid leave, providing benefits during a contract year for employees that meet eligibility requirements and are currently insured by the district. FMLA allows employees to take twenty-six (26) weeks of leave to care for a spouse, child, or parent with an illness or injury incurred in the line of active duty with the Armed Forces. Federal law mandates that eligible employees are offered FMLA leave after three (3) consecutive days of absence to care for their own or immediate family members’ serious health condition. Contracts will be suspended and salary payments stopped as soon as the teacher goes into unpaid leave and restarted at the time the teacher returns from leave based on the actual number of days and at the per diem rate for which the teacher works. If a teacher is able to anticipate the duration of a leave and expects that the leave will exhaust his/her accumulated sick and personal days, it may be possible to calculate income earned up to the starting date of the leave, plus accumulated sick and personal days, and to reduce his/her earned income, by spreading that reduction over a specified number of paychecks.

Personal Illness and Family Medical Leave Act (FMLA). The teacher may use accumulated personal illness or disability leave to substitute for unpaid leave provided under Family and Medical Leave Act of 1993, which allows up to twelve (12) work weeks (sixty (60) work days or parts thereof) of unpaid leave, providing benefits during a contract year for employees that meet eligibility requirements and are currently insured by the district. FMLA allows employees to take twenty-six (26) weeks of leave to care for a spouse, child, parent or parent next of kin with an illness or injury incurred in the line of active duty with the Armed Forces. Federal law mandates that eligible employees are offered FMLA leave after three (3) consecutive days of absence to care for their own or immediate family members’ serious health condition. Contracts will be suspended and salary payments stopped as soon as the teacher goes into unpaid leave and restarted at the time the teacher returns from leave based on the actual number of days and at the per diem rate for which the teacher works. If a teacher is able to anticipate the duration of a leave and expects that the leave will exhaust his/her accumulated sick and personal days, it may be possible to calculate income earned up to the starting date of the leave, plus accumulated sick and personal days, and to reduce his/her earned income, by spreading that reduction over a specified number of paychecks.