K-12 Schools and the Family and Medical Leave Act (FMLA)


March 28, 2019


Diane Dee

  1:00 PM ET | 12:00 PM CT | 10:00 AM PT | 60 Minutes

* Not able to attend the live session? We can arrange an on-demand session for You. Please call 1-‪814-892-0304

This program has been approved for 1.0 PDCs toward SHRM certification hours.
The program is pre-approved for 1 credit hour under HRCI


Complying with the Family & Medical Leave Act (FMLA) is difficult in the best of circumstances, but it gets even more complicated for K-12 schools. The FMLA has special rules that apply only to educators in grades K-12, including requirements to combine paid and unpaid time when calculating the “minimum-hours-worked” eligibility requirements for “exempt teachers.” There are also special rules concerning elementary and secondary schools, both public and private.

How to deal with a teacher who takes FMLA leave 3 weeks prior to summer vacation? Are schools allowed to count the summer as part of the FMLA or not? Which instructional employees are eligible for these special rules? Not having answers to question such as these (and these are just a few) can be cause for a legal nightmare for K-12 schools. Thus, schools need to ensure they are fully-versed in these special provisions and maintain legal compliance.

Join us for this webinar with human resource expert, Diane Dee, SPHR, SHRM-SCP, to understand, implement and comply with the complex FMLA rules for K-12 schools. Learn how K-12 schools are subject to special FMLA rules in various circumstances and how you can satisfy them, with step-by-step procedures.

Session Highlights:

  • Gain an understanding of the provisions of the Family and Medical Leave Act:
    • Rules regarding covered employers
    • Eligible employees
    • Leave entitlement
    • Intermittent leave
    • Qualifying exigency leave
    • Requesting leave
    • Medical certification
    • Job restoration and treatment of health benefits
  • Which federal agency is responsible for enforcing FMLA
  • Definition of “educational institution” under FMLA
  • The special FMLA rules for K-12 schools
  • What are the schools’ legal compliance obligations?
  • Defining an “instructional employee” under FMLA
  • Difference in requirements for “instructional” and “non-instructional” employees
  • Handling teachers’ leaves of absence that occur near the end of the school year
  • Intermittent or reduced-schedule leaves under FMLA
  • How to calculate the 1,250 minimum hour requirement for “exempt” teachers
  • How to calculate the applicable 12-month period
  • Calculating intermittent leave 
  • Other types of leave that count towards a 12-week FMLA leave
  • Schools’ obligations regarding continuation of teacher benefits while on FMLA over the summer term
  • Compensation during FMLA leave
  • Use of vacation or sick time with a FMLA leave
  • Job security issues while on FMLA leave
  • How do these special rules affect intermittent FMLA leave?
  • Provisions for married employees who work for the same employer
  • Substitute teachers
  • Recordkeeping recommendations
  • Case studies and examples

Who Will Benefit:

  • K-12 school superintendents
  • School district HR professionals
  • Compliance professionals
  • Operations professionals
  • Principals
  • Teachers and other school personnel

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