Family and Medical Leave Act

The Family and Medical Leave Act of 1993, entitles eligible employees to take up to 12 workweeks (or 26 workweeks of leave to care for a covered servicemember with a serious injury or illness incurred in the line of duty while on active duty) of paid or non-paid, job-protected leave for specified family and medical reasons, or for any qualifying exigency arising out of the fact that a covered military member is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation. Leave cannot be taken more than five years after the veteran’s discharge. To use paid leave, the condition must qualify under the terms of your respective negotiated agreement.

Special rules apply to instructional employees of local education agencies. Generally, these rules provide for FMLA leave to be taken in blocks of time when the leave is needed intermittently or when leave is required near the end of the term (semester).

An eligible employee must have been employed by the Clark County School District for at least twelve months and have worked at least 1,250 hours during the twelve months immediately preceding the commencement of the leave.

Reason for leave (Leave Entitlement):

1. For the birth and care of a newborn child of the employee, or placement of a child for adoption or foster care; or,
2. To care for an immediate family member (spouse, child, or parent) with a serious health condition; or,
3. To take medical leave when the employee is unable to work because of a serious health condition; or,
4. Qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the regular Armed Forces, National Guard or Reserves in support of a contingency operation; or,
5. A special FMLA leave category permits an eligible employee who is a spouse, son, daughter, parent, or next of kin of a current member of the Armed Forces, including a member of the National Guard or Reserves, with a serious injury or illness incurred while on active duty up to a total of 26 workweeks of unpaid leave during a “single 12-month period” to care for the servicemember. Leave cannot be taken more than five years after the veteran’s discharge.

Definitions:

Spouse means a husband or wife as defined or recognized under state law for purposes of marriage, including common law marriage in states where it is recognized.

Son or daughter means a biological, adoptive, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age, or 18 years or older and incapable of self care because of a mental or physical disability that limits one or more of the major life activity, as defined under the Americans With Disabilities Act, or for purposes of military family leave, of any age.

Parent means a biological parent, adoptive, step or foster parent or any other individual who stood in loco parentis to an employee when the employee was a son or daughter. This includes an individual who assumes “day-to-day” responsibility for a child.
Key employee is a salaried eligible employee who is among the highest paid 10 percent of the employees employed by the employer.

Serious health condition means an illness, injury, impairment, or physical or mental condition that involves any period of incapacity or treatment in connection with inpatient care (e.g., an overnight stay) in a hospital, hospice or residential medical care facility; or any period of incapacity requiring absence from work of more than three full calendar days, which also involves continuing treatment by a health care provider.

Health care provider means:

A doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; or any other person determined by the Secretary to be capable of providing health care services; included are:

1. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the State and performing within the scope of their practice as defined under State law;
2. Nurse practitioners, nurse-midwives, clinical social workers and physician assistants who are authorized to practice under State law and who are performing within the scope of their practice as defined under State law;
3. Christian Science Practitioners listed with the First Church of Christ, Scientist in Boston;
4. Any health care provider from whom an employer or the employer's group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits; and
5. A health care provider listed above who practices in a country other than the United States, who is authorized to practice in accordance with the law of that country, and who is performing within the scope of his or her practice as defined under such law.

Specific details regarding FML and leaves may be obtained from Human Resources Division at: 799-5325.