FMLA Q & A
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How much time am I eligible to take for a FMLA reason?
You are eligible for up to 12 weeks of leave designated as FMLA during any 12-month period. The District uses the "rolling backward" method to calculate the 12-month period. This is the 12-month period measured back in time from the date you request any FMLA. You are eligible for a combined total of 12 weeks of unpaid leave.
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If my spouse also works at SPS, can we both take 12 weeks to care for a new child?
Under FMLA, you and your spouse will have to share the 12 weeks to care for a new child. It is up to you how you split the 12 weeks.
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Can I take intermittent or reduced hour leave for a serious health condition?
Yes. If your health care provider states you need to work an intermittent or reduced hour schedule for a serious health condition, you may be able to reduce your hours or use leave intermittently. Your health care provider must indicate a schedule of time off for visits or treatments or the likely duration and frequency of episodes of incapacity. The use of intermittent or reduced hour leave must be approved through Human Resources in conjunction with FMLASource.
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Will I receive pay while I am on FMLA leave?
Family and medical leave laws provide job protection for time off, but not pay. You will receive pay only if you have accrued paid leave (sick, vacation, PTO) available to use during the period of medical necessity.
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Can I use all of my accrued paid leave before my time off is designated as FMLA?
No. It runs concurrently. FMLA does not start after paid leave is used up. The designation is based on the reason you are taking the leave, not whether you are on paid leave or unpaid leave. FMLA protects your job, unlike sick leave, because you cannot be disciplined for missing time for a qualifying reason. If you have questions about sick leave, refer to your Collective Bargaining Agreement (if applicable), Board Policy, or contact Human Resources at 417-523-GOHR or benefits@spsmail.org.
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What happens to my benefits while I am on unpaid FMLA?
If you qualify for FMLA, the SPS contribution for your medical, life and long-term benefits continues during your leave even if you are on leave without pay. When you are on unpaid leave, you will be required to pay the portion of the medical and dental premium that is normally deducted from your paycheck. You are also eligible to pay for any additional plans you wish to continue during your unpaid leave.
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How do I request FMLA?
If the need for your leave is foreseeable, contact FMLASource directly. If the need for your leave is not foreseeable, and you are not able to contact FMLASource yourself, have your supervisor or a family member contact Human Resources at 417-523-GOHR or benefits@spsmail.org.
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Do I have to specifically request FMLA to receive job protection for my time off
Yes, you must provide enough information about the reason for your absence so your supervisor realizes that your time off may qualify as FMLA.
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Do I have to provide a medical certification for my or my family member's serious health condition?
Yes. Certification is required. To qualify for FMLA, your doctor must certify that you have a serious health condition and must also state that you are unable to work because of it.
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Is the information included in my medical certification confidential?
Yes. Certifications are accessible by the Benefits & Leave Department. Medical certifications are kept in a scanned file separate from your personnel file. Your supervisor does not receive a copy of the medical certificate. HR shares only information that is consistent with business necessity (i.e., the date your leave begins, the date your leave ends, and whether you will be off intermittently or will work reduced hours) with your supervisor.
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Will I be reinstated to my previous job when I return from FMLA?
When you return from FMLA, you are entitled to your same position if it still exists or to another if your position was eliminated. Remember, in order to receive this protection, you must qualify under the FMLA and your physician must confirm that you can perform all the essential functions of your job when the twelve-week period ends. If you return at a later date, you may be returned to your same or similar position in accordance with applicable leaves and policies.
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