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HCSD Employment

Employee Resources

Family Medical Leave Act (FMLA)

The Family Medical Leave Act (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.

Who is eligible for FMLA?

To be eligible for FMLA leave, the employee must meet the following criteria:

  • Be employed by HCSD for at least 12 months
  • Be employed for at least 1,250 hours of service during the 12 calendar months immediately preceding the commencement of the leave

What are the qualifying reasons to take FMLA?

Eligible employees can take up to 12 weeks of job-protected leave in a 12-month period for the following reasons:

  • The employee's own serious health condition
  • The serious health conditions of a spouse, child or parent
  • The birth, adoption, or foster placement of a child and to bond with the child within one year of birth or placement
  • Qualifying exigency of parent, child or spouse on active military duty

Can I use paid leave for an eligible FMLA absence?

FMLA leave may be paid or unpaid, depending on the type of leave, as determined by the District.  For example, an eligible employee who meets one of the qualifying reasons above may be required by the District to use their paid leave concurrently with FMLA leave, but may also have unpaid leave options available under FMLA.  For more information about paid and unpaid leave options under FMLA, contact the Office of Human Resources

How much notice does an eligible employee have to give to use FMLA?

If the leave is foreseeable, the employee must provide at least 30 days' prior verbal or written notice of the timing and expected duration of the leave. The employee does not have to specifically ask for FMLA leave, but must provide a FMLA qualifying reason for the leave.  If the need for the leave is unforeseeable, notice must be given as soon as possible and practical (within one or two working days of the need for leave becoming known to the employee).

What does an eligible employee have to submit to access FMLA?

If an eligible employee is seeking FMLA leave for their own serious health condition or the serious health condition of a spouse, child or parent, the employee is required to submit one of the following forms to the Office of Human Resources:

If an eligible employee is seeking FMLA leave following the birth, adoption or foster placement of a child or due to a qualifying exigency of a parent, child, or spouse on active military duty, the employee must submit their request in writing to the Office of Human Resources.

The District may require additional documentation in order to evaluate the request and determine if the absence qualifies for FMLA leave.

For more information about FMLA, click here, or contact the Office of Human Resources, 914-630-3003.