The Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with job-protected leave for qualifying family and medical reasons and requires continuation of their group health benefits under the same conditions as if they had not taken leave. Employees must be restored to the same or virtually identical position when they return to work after FMLA leave.
Intermittent or reduced schedule leave. Employees have the right to take FMLA leave all at once, or, when medically necessary, in separate blocks of time or by reducing the time they work each day or week. Intermittent or reduced schedule leave is also available for military family leave reasons. However, employees may use FMLA leave intermittently or on a reduced leave schedule for bonding with a newborn or newly placed child only if they and their employer agree.
Paid leave. FMLA is job-protected, unpaid leave. Employees may use employer provided paid leave at the same time that they take FMLA leave if the reason they are using FMLA leave is covered by the employer’s paid leave policy. An employer may also require employees to use their paid leave during FMLA leave.
Requesting FMLA leave. Employees do not have to specifically ask for FMLA leave but do need to provide enough information so the employer is aware the leave may be covered by the FMLA. Employees must provide notice to their employer as soon as possible and practical that they will need to use FMLA leave. For example, if an employee knows that he or she has a procedure for a serious medical condition scheduled in three weeks, the employee needs to provide notice to the employer as soon as the procedure is scheduled. Employers may ask for information from the health care provider before approving FMLA leave and must allow 15 calendar days to provide the information. In some circumstances, such as when the employee’s health care provider is not able to complete the certification information timely, employees must be allowed additional time.
Contact your ESC HR Representative to request FMLA leave or to provide notice of leave.
FMLA Policy - ESC of Northeast Ohio
Family or Medical Leave. In accordance with the Family and Medical Leave Act of 1993 (“FMLA”), an employee who has been employed for at least twelve (12) months and for at least 1,250 hours during the previous twelve (12) month period is entitled to an unpaid leave of absence of up to twelve (12) weeks during a twelve (12) month period for one of the following reasons:
1. because of the birth of a son or daughter of the employee and in order to care for such son or daughter within one year of birth;
2. because of the placement of a son or daughter with the employee for adoption or foster care and in order to care for the child within one year of the placement;
3. in order to care for a spouse, son, daughter, or parent of the employee, if such spouse, son, daughter or parent has a serious health condition;
4. because of a serious health condition that makes the employee unable to perform the functions of the position of such employee; or
5. a qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty in the Armed Forces or has been notified of an impending call or order to duty.
B. Service Member Family Leave. In accordance with the FMLA, an employee who has been employed for at least twelve (12) months and for at least 1,250 hours during the previous twelve (12) month period is entitled to an unpaid leave of absence of up to twenty-six (26) work weeks during a single year to care for a spouse, son, daughter, parent, or next of kin who is a member of the Armed Forces, National Guard, or Reserves and is undergoing medical treatment, recuperation or therapy, is in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness as defined in the FMLA.
C. For Family or Medical Leave granted under (A)(1), (2), (3) or (5) above, the employee is required to substitute accrued paid vacation and/or personal leave for the twelve (12) week period and any remaining portion of the twelve (12) week period will be unpaid. For Family or Medical Leave granted under (A)(3) or (4) above or for Service Member Family Leave, the employee is required to substitute accrued paid vacation, personal, and/or sick leave for the twelve (12) week period and any remaining portion of the twelve (12) week period will be unpaid.
D. If leave is for planned medical treatment, the employee shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operation of the Educational Service Center. For Family or Medical Leave other than that granted under (1) and (2) above, the employee may request that the leave be taken intermittently or on a reduced schedule when medically necessary. For Service Member Family Leave, the employee may request that leave be taken intermittently or on a reduced schedule subject to notice requirements
E. The employee’s status, salary, and benefits will not be reduced upon his or her return because of the leave. The employee will continue to receive health benefits during the term of the leave. “Health benefits” include hospital, surgical, major medical and dental benefits. The employee must pay his or her contribution to health benefits according to the payroll deduction schedule and related practices.
F. The Educational Service Center of Northeast Ohio may recover its contribution to the health benefits if the employee does not return to work after the leave for a reason other than continuation, recurrence, or onset of a serious health condition or other circumstances beyond the employee’s control. This refund can take place either by withholding from the employee’s last check or by the employee paying directly.
G. During the employee’s leave, he or she must report on a monthly basis to his or her supervisor on the employee’s status and intent to return to work.
H. If an employee goes on leave due to his or her own serious health condition that made the employee unable to perform his or her job, the employee must obtain and present certification from the health care provider before returning to work indicating the employee is able to resume work.
I. A husband and wife who are eligible for leave and are both employed by the Educational Service Center of Northeast Ohio will be limited to a combined total of twelve (12) weeks of leave during any twelve (12) month period if the leave is taken.
J. The Educational Service Center of Northeast Ohio will consider an employee to have resigned if the employee does not return from leave.
This limitation on the total weeks of leave applies to leave taken for the reasons specified in this section as long as a husband and wife are employed by the “same employer”. It would apply, for example, even though the spouses are employed at two different work sites of an employer located more than 75 miles from each other, or by two different operating divisions of the same company. On the other hand, if one spouse is ineligible for leave, the other spouse would be entitled to a full twelve (12) weeks of leave.