The Family and Medical Leave Act (FMLA) is a U.S. federal law that allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons. Here’s an overview of the key components of FMLA.

1. Eligibility Requirements

• Employment Duration: The employee must have worked for the employer for at least 12 months.
• Hours Worked: They must have worked at least 1,250 hours during the 12 months preceding the leave.
• Employer Size: FMLA applies to employers with 50 or more employees within a 75-mile radius.

2. Reasons for FMLA Leave

Eligible employees can take up to 12 weeks of unpaid leave within a 12-month period for:

• Personal Medical Condition: For a serious health condition that makes the employee unable to perform essential job functions.
• Family Care: To care for a spouse, child, or parent with a serious health condition.
• Childbirth and Bonding: For the birth and care of a newborn child, or for the adoption or foster care placement of a child.
• Military Exigency Leave: To manage affairs related to a family member’s military deployment.

3. Definition of Serious Health Condition

• A condition that involves inpatient care or continuing treatment by a healthcare provider.
• Includes chronic conditions like asthma, serious injuries, conditions requiring multiple treatments, and pregnancy.

4. Leave Entitlement

• Eligible employees can take up to 12 weeks of unpaid leave in a 12-month period.
• Eligible employees must use sick, comp or vacation. 
• Leave can be taken continuously, intermittently, or on a reduced schedule, depending on the circumstances.
• For military caregiver leave, eligible employees may take 26 weeks in a single 12-month period.

5. Job Protection

• Employees on FMLA leave are entitled to return to the same or equivalent position with the same pay, benefits, and conditions of employment.
• Benefits, such as health insurance, continue during FMLA leave.

6. Notice and Certification Requirements

• Employee Notice: Employees should provide 30 days' advance notice when the need for leave is foreseeable. For unforeseen leave, they should notify their employer as soon as possible.
• Medical Certification: Employers may require certification from a healthcare provider to support the need for leave, as well as periodic updates if the leave is extended.
  • Certification of Health Care Provider - FMLA/CFRA Leave (Non-Pregnancy Related)

7. Employer Responsibilities

• Provide written notice to employees regarding their FMLA rights.
• Maintain employee confidentiality regarding medical records or information obtained for FMLA leave.

8. Limitations & Exclusions

• Employees taking leave for their own serious health condition may be required to provide a fitness-for-duty certification before returning to work.
• Certain "key employees" (typically highly compensated employees) may have limited job protection under FMLA, if reinstatement would cause substantial harm to the employer.

Pay Options During Leave

1. Sick Leave / Vacation / Personal Leave
   • Can be used during PDL and CFRA to receive pay
      
2. Differential Pay
   • Paid by district after sick leave is exhausted (if policy allows)
      
3. State Paid Family Leave (PFL)
   • Partial wage replacement through EDD for up to 8 weeks
   • Can be used during CFRA bonding leave when district pay ends
      
4. Unpaid Leave
   • Once accrued leave and differential pay are exhausted, CFRA is unpaid

Example Timeline (School Workdays)

Key Takeaways

• PDL = medically certified pregnancy disability; can be paid via sick leave/differential or SDI.
   
• CFRA = bonding leave; unpaid by default, but pay possible with accrued leave or Extended Illness Leave.
   
• Job Protection applies for both PDL and CFRA — you return to the same or comparable position.
   

Plan leave and pay carefully: if accrued or extended leave runs out during CFRA, unpaid leave applies.

Industrial Accident Leave (IAL) Staff Guide

Quick Steps for Employees

1. Report Injury: Immediately inform supervisor and HR.
2. Complete Forms: Submit Workers’ Compensation claim (DWC-1).
3. See Physician: Get documentation of injury and work restrictions.
4. Leave Approved: HR coordinates pay and IAL usage.
5. Return to Work: Provide physician clearance before resuming duties.
6. Employee cannot return to work.
7. HR reviews status: no more paid leave available.
8. HR places employee on unpaid leave.
9. If the position must be filled or the leave exceeds allowable duration, HR terminates active employment and places employee on 39-month rehire list.
10. Employee remains eligible for rehire in the same classification if a vacancy opens within 39 months and is cleared to return to work.
     

Extended Illness Leave Overview

Extended Illness Leave (also called Differential Pay Leave or Extended Sick Leave) provides partial pay to employees who have exhausted their regular sick leave but are still unable to work due to illness or injury.

Classified Employees

Ed Code Reference: §45196

• Eligibility: After all regular paid sick leave is exhausted. Dr. Notes required.
   
• Duration: Up to 100 workdays per illness or injury.
   
• Pay: Employees receive 50% of their regular pay.
   
• Concurrent Use: These days may run concurrently with FMLA/CFRA, if applicable.
   
• Continuous Period: The 100 workdays include the initial paid sick leave period.
   

Example:

• 12 sick days used (full pay)
• Next 100 workdays = 50% pay
• After that → unpaid leave.

Extended Illness Leave Overview

Extended Illness Leave (also called Differential Pay Leave or Extended Sick Leave) provides partial pay to employees who have exhausted their regular sick leave but are still unable to work due to illness or injury.

Certificated Employees

Ed Code Reference: §44977

• Eligibility: After all regular sick leave is used.
   
• Duration: Up to 100 workdays per illness or injury.
   
• Pay: Employee receives the difference between their regular salary and the cost of the substitute (differential pay-not less than 50% of their daily rate). *Best Option
   
• Substitute Cost: If no substitute is hired, the district still deducts the equivalent daily substitute rate.
   
• Continuous Period: The 100 days run consecutively for the same illness, including any paid sick leave days at the start.
   
• PDL/Industrial Leave Impact: Extended leave starts after paid sick and/or industrial leave are used.
   

Example:

• 10 sick days used (full pay)
   
• Next 100 days = differential pay (regular pay minus sub cost)
   
• After 110 days total → unpaid leave.