FMLA

Notice of Employee Rights under the Family and Medical Leave Act

Family Medical Leave Act (FMLA)

The Family Medical Leave Act of 1993 (FMLA) allows eligible employees up to 12 weeks of unpaid, job-protected leave for certain medical and family related issues. To be eligible, an employee must have worked for an FMLA covered employer for one full year, and have worked a minimum of 724 hours during the previous 12 months.

FMLA Leave Reasons

Unpaid leave will be granted for the following reasons:

• To care for the employee's newborn child, placement for adoption, or foster care;
• To care for the employee's spouse, child, or parent with a serious health condition;
• For a serious health condition which prohibits the employee from performing his or her job.

At the employer's or employee's discretion, certain paid leave may be substituted for unpaid leave.

Medical Certification and Advanced Notice

The employee requesting FMLA leave may be required to provide advanced notice for foreseeable leave and a medical certification. FMLA leave may be denied if the requirements are not properly met.

• The employee must provide written notification 30 days in advance for any "foreseeable" leave.
• For a serious medical condition, the employer may request a medical certification to support the leave. A second opinion (at the employer's expense) may also be requested. A fitness for duty report is required to return to work.

Protection and Job Benefits

• For the duration of FMLA Leave, the employer must maintain the group health plan coverage for the employee.
• When returning from FMLA Leave, the employee must be reinstated to their original, or equivalent position. A different position must maintain equivalent pay, benefits, and other terms of employment.
• FMLA use cannot result in the loss of any employment benefit accrued prior to the beginning of FMLA Leave.

Employee Rights Under FMLA

The Family Medical Leave Act of 1993 prohibits an employer from unlawfully:

• Interfering with, restraining, or denying the exercise of any right provided under FMLA.
• Discriminating against, or discharging any person for opposing any practice made unlawful by FMLA; or for involvement in any proceeding under or relating to FMLA.

FMLA Enforcement

• The U.S. Department of Labor has authority to investigate and resolve complaints relating to FMLA.
• An eligible employee may institute civil action against an employer for FMLA violations.
• FMLA does not alter any federal or state law prohibiting discrimination, or supersede a state or local law or collective bargaining agreement which provides greater leave rights.

Further Information

Contact the Wage and Hour Division of the United States Department of Labor or visit

FMLA Process

• Employee will need to notify thier school/department Administrator.
• Employee can print the appropriate FMLA paperwork below or request FMLA paperwork by emailing [email protected]
• Your Health Care Provided (Doctor) submits / faxes the completed FMLA paperwork to our office.
• The Data Processor will review the FMLA Paperwork to ensure completion and that FMLA-Qualifying reasons are met.
• Once approved, Human Resources will forward you a copy of your eligibility letter.
• If you need to request an extension, a doctor's note will need to be submitted to our location and our office, stating the reason for extension and the dates for the extension.
• When you are scheduled to return to work, you will need to provide your location and our office a Doctor's note releasing you to return to full duty with no restrictions. This needs to be submitted before you can clock in and return to work.

School District Contact

For specific questions contact Human Resources/FMLA at F[email protected] or (239) 337-8153.

Correspondence

FMLA Documents can be hand delivered, faxed, or mailed to the following address:

School District of Lee County
Staffing and Talent Management
ATTN: Human Resources/FMLA
2855 Colonial Boulevard
Fort Myers, FL 33966

Fax (239) 335-1532

Please be sure to include your Employee ID# on all documents submitted.