Katy Independent
School District
Family Medical Leave Act (FMLA)
General Information
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 workweeks of unpaid leave within a 12-month period, while requiring the district to maintain their group health benefits as if they were actively working.
Employees are also entitled to return to their same or an equivalent position at the end of their FMLA leave.
FMLA also provides certain military family leave entitlements. Eligible employees may take FMLA leave for specified reasons related to certain military deployments of their family members. Additionally, they may take up to 26 weeks of FMLA leave in a single 12-month period to care for a covered service member with a serious injury or illness.
Definitions
Parent
Parent means a biological, adoptive, step- or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a child. This term does not include parents-in-law.
Son or Daughter
Son or daughter (or child) means a biological, adopted, or foster child, stepchild, legal ward, or child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability” at the time that FMLA leave is to commence.
Spouse
Spouse means a husband or wife as defined or recognized in the state where the individual was married and includes individuals in a common law marriage or same-sex marriage.
In Loco Parentis
A person stands in loco parentis if that person provides day-to-day care or financial support for a child. Employees with no biological or legal relationship to a child can stand in loco parentis to that child, and are entitled to FMLA leave (for example, an uncle who cares for his sister’s children while she serves on active military duty, or a person who is co-parenting a child with his or her same-sex partner). Also, an eligible employee is entitled to FMLA leave to care for a person who stood in loco parentis to that employee when the employee was a child.
Equivalent Position
An equivalent position is one that is virtually identical to the employee's former position in terms of pay, benefits, and working conditions, including privileges, perquisites, and status. It must involve the same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, responsibility, and authority.
Frequently Asked Questions
Who can use FMLA Leave?
To take FMLA leave, first you must first work for Katy ISD for at least 12 months. It is not required to work for 12 months in a row, but, generally, if you have a break in service that lasted more than seven years, you cannot count the period of employment prior to the seven-year break. Second, you must have worked for the District for at least 1,250 hours in the 12 months before you take leave.
When can I use FMLA Leave?
An eligible employee can take up to 12 workweeks of FMLA leave in any 12-month period for a variety of reasons, including:
Serious Health Condition
You may take FMLA leave to care for your spouse, child or parent who has a serious health condition, or when you are unable to work because of your own serious health condition. Common qualifying conditions include:
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Conditions requiring an overnight stay in a hospital or other medical care facility;
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Conditions that incapacitate you or your family member (for example, unable to work or attend school) for more than three consecutive days and require ongoing medical treatment (either multiple appointments with a health care provider, or a single appointment and follow-up care such as prescription medication);
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Chronic conditions that cause occasional periods when you or your family member are incapacitated and require treatment by a health care provider at least twice a year; and
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Pregnancy (including prenatal medical appointments, incapacity due to morning sickness, and medically required bed rest).
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Military Family Leave
The FMLA also provides certain military family leave entitlements. You may take FMLA leave for specified reasons related to certain military deployments. Additionally, you may take up to 26 weeks of FMLA leave in a single 12-month period to care for a covered service member with a serious injury or illness.
Expanding Your Family
You may take FMLA leave for the birth of a child and to bond with the newborn child, or for the placement of a child for adoption or foster care and to bond with that child. Both men and women have the equal rights to take leave for bonding. Bonding leave must be taken within one year of the child’s birth or placement and generally must be taken in a continuous block unless the employer agrees to allow intermittent leave.
How does the FMLA protect me?
If you need to miss work due to your own serious health condition or to care for a family member with a serious health condition, you may be eligible for up to 12 weeks of job-protected leave under the Family and Medical Leave Act (FMLA).
While on approved FMLA leave, your employer must continue your group health insurance as if you were still actively working. You may be required to continue making your regular employee premium contributions.
If you return to work before using all 12 weeks of FMLA leave, you must be restored to the same or an equivalent position. This job protection helps ensure you do not have to choose between your job and caring for yourself or a family member during a serious medical situation.
Time taken under FMLA cannot be held against you in employment actions such as hiring, promotion, or disciplinary decisions.
FMLA leave may be taken in a single continuous block (for example, three weeks for surgery and recovery), intermittently in smaller increments when medically necessary (such as occasional absences due to diabetes), or on a reduced work schedule (for example, returning half-days or working fewer days per week after surgery). When possible, planned medical treatments such as physical therapy should be scheduled to minimize disruptions to the workplace.
What if I do not qualify for FMLA?
If you do not qualify for FMLA, you may still be eligible for up to six weeks of Katy ISD leave. For FMLA purposes, the 12-month eligibility period is measured forward beginning on the first day you take approved FMLA leave.
Is FMLA required?
No.
Katy ISD employees are not required to request FMLA for qualifying absences. If an employee chooses not to request FMLA to protect their absences, they should submit the request for leave directly to their principal or supervisor. The effect of the employee’s absence on the educational program or department operations, as well as the availability of substitutes, will be considered by the principal or supervisor.
Is FMLA paid leave?
No, FMLA is unpaid.
The District requires employees to use temporary disability leave and paid leave, including any compensatory time, concurrently with FMLA leave. Only teachers may choose not to use paid leave during approved leave for pregnancy, birth, or adoption.
Will all my available leave days be used?
Yes.
District policy requires employees to use all paid leave and compensatory time alongside FMLA. The only exception is teachers during approved pregnancy, birth, or adoption leave.
What other types of leave am I eligible for other than FMLA or Katy ISD Leave?
An employee wishing to take discretionary personal leave should submit a request to their principal or supervisor by noon two workdays in advance of the anticipated absence (i.e., by noon on Wednesday if the absence is expected on Friday).
In deciding whether to approve or deny a request for discretionary use of personal leave, the supervisor/principal shall not seek or consider the reasons for which an employee requests to use leave. The supervisor shall, however, consider the duration of the requested absence in conjunction with the effect of the employee’s absence on the educational program and District operations, as well as the availability of substitutes. Discretionary use of state personal leave shall be granted on a first-come, first-served basis on each campus or within each department.
Am I required to prove that I have a serious health condition?
Yes.
A medical certification from a health care provider is required when leave is for your own or a family member’s serious health condition.
What happens if I do not submit a requested medical certification?
If an employee does not submit a required medical certification and does not provide a reasonable explanation for the delay, FMLA protections for the leave may be delayed or denied. If the employee fails to provide the certification entirely, the leave will not qualify for FMLA protection.
Similarly, if an employee does not submit a fitness-for-duty certification, the employer may postpone the employee’s return to work until the certification is received. If the employee never provides the certification, reinstatement may be denied.
Am I required to submit a fitness-for-duty certificate before returning to work after being absent due to a serious health condition?
Yes, if your leave was due to your own serious health condition.
- The certification must be submitted to the Leave Specialist at least 5 working days before returning
- Employees returning from bonding or leave for a family member must also confirm their return date 5 working days in advance
Employees taking a leave for other than their own serious health condition (paternity leave, bonding, adoption or foster care placements and qualifying family illness) must confirm their return to work with their Leave Specialist at least five (5) working days prior to their anticipated return to work.
What and when do I need to tell my employer if I plan to take FMLA leave?
Employees are required to provide at least 30 days’ advance notice of the need for FMLA leave when the need for leave is foreseeable and providing such notice is practicable. If the need for leave arises unexpectedly and less than 30 days in advance, the employee must provide notice as soon as practicable, which is generally the same day or the next business day.
When requesting FMLA leave, employees must provide enough information for the employer to determine whether the request may qualify for FMLA protection. Depending on the circumstances, this may include information indicating that the employee is unable to perform essential job functions, has been hospitalized, is incapacitated due to pregnancy, or that the employee or a qualifying family member is under the continuing care of a health care provider.
The first time an employee requests leave for an FMLA-qualifying reason, the employee is not required to mention the FMLA specifically. However, when requesting leave for a reason previously approved under the FMLA, the employee must reference either the qualifying reason or specifically indicate that the request is for FMLA leave.
How do I request paperwork for FMLA or Katy ISD Leave?
You can electronically request FMLA paperwork by logging into TalentEd Records, under Available Forms select "FMLA: Initial Request" to complete/ submit the electronic form. You may also request FMLA paperwork by emailing FMLA@katyisd.org.
ADDITIONAL RESOURCES:
Katy ISD Board Policy DEC (LOCAL)