FMLA Home
Contacts:
Phone: (213) 241-3954
FAX: (213) 241-8993
TTY: (213) 241-6882
Office: 333 S. Beaudry Ave.
28th Floor
Los Angeles, CA 90017
 

Mission Statement

The teachers, administrators and staff of the Los Angeles Unified School District (LAUSD) believe in the equal worth and dignity of all students and are committed to educate all students to their maximum potential.

 

FMLA General Notice

Basic Leave Entitlement

FMLA requires the Los Angeles Unified School District (LAUSD) 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 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.

 

Military Family Leave Entitlements

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 servicemember during a single 12-month period. A covered servicemember 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 servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

 

Benefits and Protections

During FMLA leave, LAUSD must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, employees will be reinstated to their original or equivalent position with equivalent pay, benefits, and other employment terms. (If your leave extends beyond the end of your FMLA entitlement, you do not have return rights under FMLA.  However, you may have rights under your respective Collective Bargaining Agreement.) Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

 

Eligibility Requirements

Employees are eligible if they have worked for LAUSD for at least one year, and worked the equivalent of 130 workdays or 1,250 hours over the previous 12 months.

 

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.

 

Use of Leave

An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the operations of LAUSD. Leave due to qualifying exigencies may also be taken on an intermittent basis.

 

Substitution of Paid Leave for Unpaid Leave

LAUSD requires the use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with LAUSD’s normal paid leave policies.

Employee Responsibilities

Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and must comply with normal call-in procedures.

Employees must provide sufficient information for their supervisor to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform their supervisor if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

 

Employer Responsibilities

LAUSD must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employee’s supervisor must provide a reason for the ineligibility. LAUSD must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employee’s supervisor determines that the leave is not FMLA-protected, the supervisor must notify the employee.

Unlawful Acts by Employers

FMLA makes it unlawful for any employer to:

            • Interfere with, restrain, or deny the exercise of any right provided under FMLA;

            • Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any   proceeding under or relating to FMLA.

 

Enforcement

An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights. FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice. Regulations 29 C.F.R. § 825.300(a) may require additional disclosures.

 

For additional FMLA information, please contact our office at 213-241-3954 or fmla@lausd.net.

 

 
 

Quick Links


Integrated Disability Management Announces New Training Presentations

 

Fundamentals of FMLA/CFRA for District Employees and Self-Paced Quiz

Military Family and Medical Leave Act and Self-Paced Quiz


         Other Training Presentations:

Kin Care Fundamentals

Fundamentals of Pregnancy Disability Leave

Fundamentals of Child Bonding and Child Care Leave