School District of Amery

What is FMLA?

The Family and Medical Leave Act (FMLA) and the Wisconsin Family and Medical Leave Act (WFMLA) provide certain employees with up to 12 weeks of unpaid, job-protected leave per year. They also require that their group health benefits be maintained during the leave.

FMLA and WFMLA are designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

for the birth and care of the newborn child of an employee;
for placement with the employee of a child for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.

Who is eligible?

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.

Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.

A final rule effective on January 16, 2009, updated the FMLA regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act for FY 2008.

How do I request FMLA?

Generally, the FMLA requires an employee to give the District Office 30 days' notice of intention to take FMLA leave, and the reason for the leave. There is no "magic language" that the employee must use in notifying the District Office, nor does the employee need to mention the FMLA by name. For example, calling in "sick," without providing more information, will not be considered sufficient notice to trigger the District’s obligations under the FMLA. Instead, the notice must give the District enough information to know the employee is requesting time off, and why. This allows the District to determine if the request qualifies under the FMLA, and allows time to find a replacement for the employee. When the need for FMLA leave arises suddenly, such as with an unexpected medical emergency, the employee may take FMLA leave without prior notice, but must give the District as much notice as is reasonable under the circumstances.

To trigger the District’s obligations under the FMLA, the employee must provide "sufficient information" that indicates the following: that a condition renders the employee unable to perform the functions of the job (or, if the leave is for a family member, unable to perform daily activities); the anticipated duration of the absence; and whether the employee or the employee's family member intends to visit a health care provider or has a condition for which the employee or the employee's family member is under the continuing care of a health care provider.

The District is allowed to ask the employee to obtain a certification from a medical provider testifying to the need for the employee to take the leave for themselves or for the family member. Upon completion of the leave, the School District of Amery is allowed to require the employee to obtain a certification of fitness to return to work when the leave was due to the employee’s own health concerns. The District can delay the start of FMLA for 30 days if the employee does not provide advanced notice, and/or until the employee can provide certification from a medical provider.

Employee Request for FMLA form