Family and Medical Leave

What is FMLA?

FMLA entitles eligible employees of covered employers 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. Eligible employees are entitled to:

12 workweeks of leave in a 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;
- 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
26 workweeks of leave during a single 12-month period to care for a family member who is an injured military service member.

Do I qualify for FMLA?

To be eligible for FMLA leave, an employee must work for a covered employer and:

have worked for that employer for at least 12 months; and
have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave

Am I allowed to take intermittent/reduced schedule FMLA time?

FMLA permits employees to take leave on an intermittent basis or to work a reduced schedule under certain circumstances. (CFR Section 203)
Intermittent/reduced schedule leave may be taken when medically necessary to care for a seriously ill family member, or because of the employee's serious health condition.
Intermittent/reduced schedule leave may be taken to care for a newborn or newly placed adopted or foster care child only with the employer's approval.
Only the amount of leave actually taken while on intermittent/reduced schedule leave may be charged as FMLA leave. Employees may not be required to take more FMLA leave than necessary to address the circumstances that cause the need for leave.
Employees needing intermittent/reduced schedule leave for foreseeable medical treatment must work with their employers to schedule the leave so as not to unduly disrupt the employer's operations, subject to the approval of the employee's health care provider. In such cases, the employer may transfer the employee temporarily to an alternative job with equivalent pay and benefits that accommodate recurring periods of leave better than the employee's regular job.

When can a parent take leave for a newborn?

Mothers and fathers have the same right to take FMLA leave to bond with a newborn child. A mother can also take FMLA leave for prenatal care, incapacity related to pregnancy, and for her own serious health condition following the birth of a child. A father can also use FMLA leave to care for his spouse who is incapacitated due to pregnancy or child birth.

Do I get paid for my FMLA time away from work?

Although FMLA is a non-paid leave from work, Hamden Schools allows employees to use sick time for some of the time for continued pay.

What happens to my health insurance during FMLA?

You maintain your current insurance during the entire FMLA 12 week period.
During FMLA leaves of absence, the Board will continue to pay its portion of the health insurance premiums and the employee must continue to pay his/her share of the premiums (copay). If the employee does not return to work after the expiration of the leave, the employee will be required to reimburse the Board for payment of health insurance premiums during the FMLA leave.
When you take a leave beyond the FMLA 12 week period, such as a child-rearing leave, you are eligible to purchase insurance through COBRA.

Do weekends, vacations and summer vacation count in the 12 FMLA weeks?

No. Only workweeks count toward the FMLA 12-week period. A “workweek” must consist of three or more working days.
For contracted teachers, FMLA can be used across school years. For example: If your FMLA leave begins in May, and you use six weeks until school closes for the summer, you may resume your FMLA leave to start the new school year for the remaining six weeks.

What paperwork is needed for FMLA?

A doctor’s note(s) stating the length of your disability period with a return to work without restriction date is required.

Who completes my Health Care Provider forms?

Your health care provider can complete the Health Care Provider forms.

Who do I contact about FMLA?

Contact the Personnel Department.

Michelina Cevetillo mcevetillo@hamden.org
Myriam Rivera mrivera@hamden.org

When are my forms due to the Personnel Department?

It is important to notify Personnel as soon as possible of an upcoming leave. Please send your doctor’s letter stating the length of your disability period with a return to work without restriction date as soon as possible.
If your reason for FMLA is maternity leave, you should inform personnel at least 4 months prior to your due date.

How is Teacher Retirement Benefit (T.R.B.) impacted when I am on unpaid leave?

If you are on an unpaid on the first working day of the month, you will not contribute to T.R.B. for that month. This could impact your retirement date.

What if I'm having a baby over the summer?

If a teacher has a baby during the summer (and has not used FMLA for any other reason within the last year) she is eligible to take up to 12 weeks of leave in the fall. Any time out of work that the teacher’s doctor says is due to her disability can be taken as paid sick leave per section 5.3a of the contract. The teacher also has two personal days that can be used, and 13 days for care of a family member under 5.3f.

All remaining time, up to the total of 12 weeks, can be taken as unpaid child rearing leave under the FMLA. During the 12 weeks the teacher can remain on the board’s insurance at the active employee premium share, but if she takes child rearing leave past the 12 weeks covered under FMLA then the board can charge the full cost of the insurance for the remainder of the time out.

What if I have more FMLA questions that aren's answered here?

There is more information regarding FMLA leave at https://www.dol.gov/agencies/whd/fmla. You can contact the Personnel Department with specific questions. Or you can contact our CEA Uniserv Representative Ed Thibodeau. He is very knowledgeable. His email is edt@cea.org.