Family Medical Leave Act (FMLA)

Family and Medical Leave (FMLA)

As an employee of the Hobbs Municipal Schools, you can apply for Family and Medical Leave.  Benefits shall be up to a maximum of 12 weeks.  (Requirements must be met.)  All earned paid leave is included in the 12 weeks maximum.

  • FMLA covers the category of absence).  Pg- 16 of Handbook. 

Federal Statute Reads:  FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:

• For incapacity due to pregnancy, prenatal medical care or child birth;

• To care for the employee’s child after birth, or placement for adoption or foster care;

• To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or

• For a serious health condition that makes the employee unable to perform the employee’s job.


Definition of Serious Health Condition

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.    

(Flu, a sick child receiving who had a doctor's visit and is out for several days, an ailing immediate family member being cared for several days,)  (FMLA can include the 11 allocated sick leave days when appropriate)

The following leave provisions are established and shall be administered in compliance with the Family and Medical Leave Act of 1993 (FMLA).

a.   Parental Leave

Parental leave shall be granted to an employee, upon written request, for the following reasons:

  • Childbirth and infant care.
  • Placement of a child with the employee for adoption or placement of a child with the employee by a state agency for foster care.

1)  An employee who is pregnant may begin such leave at any time between the  commencement
 of her pregnancy and one (1) year after the birth of the child.

2)  An employee who is pregnant may continue in active employment as late into her pregnancy as she and her physician recommend, provided she is able to properly perform her required function as a school employee.

3) All or any portion of leave taken by an employee because of verified medical disability connected with or resulting from such pregnancy or childbirth may, at the employee’s option, be charged to her available earned sick leave.

4)  A male employee requesting such leave for the purpose of caring for his child may begin such leave at anytime between the birth of the child and one (1) year thereafter.

5)  An employee adopting a child or receiving a child for foster care may begin such leave at any time from the date of placement and one (1) year thereafter.

6)  Employees requesting parental leave shall notify the Assistant Superintendent for Human Resources  in writing of his/her request and, except in cases of emergency, submit such request no less than thirty (30) calendar days prior to the date on which the leave is to begin.  If the employee is requesting the leave for the purpose of childbirth, she shall include with such request a physician’s certificate of pregnancy.

 b.         Medical Leave

Medical leave shall be granted to an employee for the following reasons:

  • Care of an employee’s spouse, son, daughter or parent with serious health conditions; and
  • The inabilities of the employee to perform his/her duties due to his/her own serious health condition or the necessary absence from work of an employee to receive medically necessary treatment.

1) An employee requesting such leave for personal illness or disability under this section may use accrued sick leave and personal leave prior to or in conjunction with the leave.

2)  An employee’s written request for medical leave must be accompanied by a health care provider’s certification of illness and state a probable date of return.

3)  Should your contract be stopped due to participation in FMLA (or other approved absence) you must complete the required paperwork with the Employee Benefits Office and Human Resources Office.

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