Family and Medical Leave Act (FMLA)

  • Under the Family and Medical Leave Act of 1993, Nassau BOCES will provide employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons, if that person has been employed for at least 12 months and has worked at least 1,250 hours during that time. Employees will be charged available sick leave as part of the 12 week FMLA entitlement.

    • Generally, FMLA entitles qualified employees up to 12 weeks (60 business days) of paid/unpaid leave per year for certain covered absences (see requirements below).
    • When an employee is absent under FMLA, health and /or dental insurance must be paid for by the agency on the same basis as when the employee is not absent.
    • The Department of Human Resources determines both employee eligibility for FMLA and what health/dental coverage the employee is entitled to. If an employee is approved for an FMLA leave and their paid accrued time has been exhausted, it is the responsibility of the employee to continue payment for their health/dental coverage.
    • FMLA does not "give" an employee time. If you are approved for an FMLA leave, your accrued leave time runs concurrently with your FMLA leave. In other words, if you qualify for an FMLA leave, the 12 weeks are counted from the very first day you are absent even if you are using up your accrued leave time.
    • Provisions within the 1993 Family Medical Leave Act allow Nassau BOCES to apply FMLA to an employee’s absence if it determined that it qualifies as an FMLA leave even if the employee did not apply for FMLA.
    • Within a 12 month period, with program approval, FMLA leave may be taken intermittently. For instance, you may need to be absent for 1 or 2 days and come into work the remainder of the week. Only the days you are absent under an FMLA leave are counted towards the 12 week allotment.

    Eligibility Requirements

    • The employee must have been employed for at least 12 months.
    • The employee must have worked for at least 1,250 hours in the past 12 month period. These hours may include overtime hours and additional assignment hours. Time taken off (i.e. lunch breaks, sick days, personal days, jury duty, etc.) does not count.
    • The employee must give his/her 30-day notice of his/her intention to take a leave when the need for a leave is foreseeable.

    Leave Types

    1. Family:

    • The birth or adoption of a child and care for the infant.
    • The placement with the employee of a child in foster care.

    2. Medical:

    • An employee has a "serious health condition" that prevents him or her from doing their job.
    • To care for the employee’s spouse, dependent child or parent/guardian who has a serious health condition.

    3. Military Family:

    • Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
    • FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

    Application Process

    • Employee must apply for FMLA 30 days prior to start of leave when feasible.
    • Employee must submit the Health Care Provider form
    • Employee must submit a Request Leave Without Pay if they are not using accrued sick time.