• Family Medical Leave Act Information
    Cindy Cornell (352) 253-6548



    What is FMLA?

    The FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. FMLA leave may be taken all at once, or may be taken intermittently as the medical condition requires. Eligible employees are entitled to:

    Twelve (12) workweeks of leave in a twelve (12) month period for:the birth of a child and to care for the newborn child within one year of birth;

    • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
    • to care for the employee’s spouse, child, or parent who has a serious health condition;
    • 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;" or
    • Twenty-six workweeks 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).
     
     
    Who Is Eligible?
    You must meet certain criteria to be eligible to take FMLA leave. First, you must have worked for Lake County Schools for at least 12 months. Second you must have worked at least 1,250 hours in the 12 months before you take leave.
     
     
    How do I request FMLA Leave?
     
    To take FMLA leave, you must provide appropriate notice. If you know in advance that you will need FMLA leave (for example, if you are planning to have surgery or you are pregnant), you must give at least 30 days advance notice.

    If you learn of your need for leave less than 30 days in advance, you must give notice as soon as you can (generally either the day you learn of the need or the next work day). You must follow normal leave procedures unless you are unable to do so (for example, if you are receiving emergency medical care).

     
    Providing Information:
     
    While you do not have to specifically ask for FMLA leave for your first leave request, you do need to provide enough information so Employee Relations is aware it may be covered by the FMLA. If you don’t provide Employee Relations enough information to know that your leave may be covered by the FMLA, your leave may not be protected.
    You do not have to tell your diagnosis, but you do need to provide information indicating that your leave is due to an FMLA-protected condition (for example, stating that you have been to the doctor and have been given antibiotics and told to stay home for four days).
     

    In most circumstances you only have 15 calendar days to provide the medical certification form to Employee Relations. You are responsible for the cost of getting the certification from a health care provider and for making sure that the certification is provided to your employer. If you fail to provide the requested medical certification, your FMLA leave may be denied.

    • If necessary information is missing from your certification, you will be notified in writing of what additional information is needed to make the certification complete. You must provide the missing information within 7 calendar days.
    • If there are concerns about the validity of your certification, A second opinion may be requested, but the additional cost will be covered. We may request a third opinion if the first and second opinion differ, but the cost will be covered.
    • If your need for leave continues for an extended period of time, or if it changes significantly, you may be required to provide an updated certification.
     
     
     
    Additional Information and Guidelines:
     
     
     
    This document should be used as a guideline/reference to applying for FMLA.
     
    FMLA FINAL REGULATIONS EFFECTIVE JANUARY 16, 2009 - On November 17, the Department of Labor (DOL) published final regulations governing the Family and Medical Leave Act (FMLA). They are effective January 16, 2009.
    Employees Rights & Responsibilities
    UNDER THE FAMILY AND MEDICAL LEAVE ACT - FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees.
    Continuing benefits while out on FMLA approved leave.
     
     
    The following forms must be completed when applying for FMLA benefits:
     
     

    1. Employee Leave Form - LCS Employee Leave Form
    The Lake County Schools, Request for Leave of Absence form is used to document the dates
    requested of the leave, how the leave should be paid out and the leave status.

    2. 
    Health Care Provider Certification Form for Family Serious Health Conditions or

        Health Care Provider Certification Form for Employee Serious Health Conditions