- Owen J. Roberts School District
- FMLA Resources
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Here’s what you need to know about how FMLA works at OJR
The Family and Medical Leave Act (FMLA) gives you up to 60 working days (about 12 weeks) of job-protected leave. That means your job and health insurance are safe while you’re out — whether you're being paid or not during that time.
Now, FMLA itself is unpaid, but if you have sick time, personal days, or vacation time available, you can (and in our case, you must) use those paid days at the same time as your FMLA leave. This is what we mean when we say “FMLA and paid time off run concurrently.”
What does that look like?
If you take 4 weeks of FMLA leave and you have 4 weeks of paid time saved up, you'll get paid while you're out — but you’re still using your FMLA time. It doesn’t add extra weeks. You’re not taking paid time before FMLA — you’re taking them at the same time.
Eligibility:
At least 1,250 hours during the 12 months before the leave begins.
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Why Employees Use Vacation/Sick Days During FMLA
- FMLA itself is unpaid:
- The Family and Medical Leave Act guarantees job protection and continuation of health benefits but does not provide pay.
- Using accrued time provides income:
- Employers often allow employees to use accrued vacation, sick, or personal days concurrently with FMLA.
- This means employees continue to receive pay during their leave instead of taking unpaid time off.
- Benefits run concurrently:
- Paid time off (vacation, sick, personal) is applied at the same time as FMLA leave.
- Once paid time off is exhausted, any remaining FMLA leave is unpaid, but job protection and health benefits continue.
- Helps employees financially:
- Using accrued time ensures employees don’t experience a sudden loss of income while taking medically necessary leave.
- Employer compliance and tracking:
- Applying accrued paid time concurrently with FMLA helps employers accurately track leave, maintain compliance with labor laws, and ensure benefits are properly managed.
✅ Key Takeaway:
Employees are required to use their accrued vacation/sick days for FMLA so they can continue receiving pay while on protected leave, and so leave is tracked consistently under the law.
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This checklist will help guide you through the key steps before, during, and after your leave.
📋 Before Leave
- Submit FMLA request and medical certification form to HR.
- Discuss tentative leave dates with your supervisor.
- Review your available sick and personal days.
- Decide if you want to save up to 5 sick and 3 personal days (per OJR’s policy).
- Make arrangements for your workload coverage.
🏥 During Leave
- Report absences in Frontline as Sick/Personal with “FMLA” noted.
- Use available sick days while under doctor’s care (6 weeks for natural, 8 weeks for c-section).
- Contact Marisa if your doctor extends your medical recovery time.
- Keep in touch with your supervisor about your leave progress and return plans.
✅ Returning to Work
- Obtain a doctor’s release note and submit to HR.
- Notify both HR and your supervisor of your return date.
- If extending into unpaid child-rearing leave, review REA agreement details.
- Contact Marisa (mdichiacchio@ojrsd.net) within 30 days of your child’s birth to add them to insurance.
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Under the Family and Medical Leave Act (FMLA), a “serious health condition” is defined as an illness, injury, impairment, or physical/mental condition that involves either inpatient care or continuing treatment by a health care provider.
Here’s a breakdown of the main categories:
1. Inpatient Care
- An overnight stay in a hospital, hospice, or residential medical facility, including any period of incapacity (inability to work or go to school) or subsequent treatment related to that stay.
2. Continuing Treatment by a Health Care Provider (includes several scenarios):
- Chronic conditions: Conditions that require periodic visits (at least twice a year) to a health care provider, continue over an extended period, and may cause episodic incapacity (e.g., asthma, diabetes, epilepsy).
- Pregnancy & prenatal care: Any incapacity due to pregnancy or for prenatal visits.
- Permanent or long-term conditions: Where treatment may not be effective but ongoing supervision is required (e.g., Alzheimer’s, severe stroke, terminal illness).
- Conditions requiring multiple treatments: Such as chemotherapy, dialysis, or physical therapy, including recovery from surgery.
- Incapacity + treatment: A period of incapacity of more than 3 consecutive full calendar days plus either:
- Two or more in-person treatments by a health care provider, or
- One treatment followed by a regimen of continuing care (e.g., prescription medication, therapy).
What’s not typically covered:
- Minor illnesses like colds, earaches, headaches (not migraines), upset stomach, or routine dental/orthodontia issues — unless complications arise.
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Common questions about using sick days, reporting leave, returning to work, and adding your baby to health insurance.
1. Can I use all of my sick days during leave?
- The 6 weeks (natural) / 8 weeks (c-section) guideline is the standard period a doctor usually certifies for childbirth recovery.
- You may use as many sick days as your doctor certifies you medically need.
- If your doctor extends your recovery time, you may continue to use your sick days until they run out.
- After the certified medical period, additional time off may shift to unpaid child-rearing leave (unless you use personal/vacation/sick days, if available).
2. How do I enter my leave in Frontline?
- When you go into labor, submit your full expected leave period (e.g., 60 days) as one request.
- In the Administrator Notes, write “FMLA” so HR/payroll can code it correctly.
3. Who do I notify about my return date?
- Notify both your supervisor and HR.
- HR updates payroll/benefits, while your supervisor plans for coverage during your absence.
4. Do I need a doctor’s note to return?
- A doctor’s release note is required before you can return to work.
- Even if you choose to remain out longer for child-rearing leave, HR still needs the medical release to close out the disability portion of your leave.
5. How do I add my baby to my health insurance?
- Having a baby is a qualifying life event, so you don’t have to wait until open enrollment.
- You can add your child within 30 days of birth.
- Coverage is effective from the date of birth, even if paperwork is submitted later.
- Babies cannot be added before birth.
- Contact Marisa (mdichiacchio@ojrsd.net) in HR when your baby is born to update your coverage.