FMLA is a benefit to OCPS employees which provides up to a maximum of twelve workweeks of FMLA unpaid, job-protected leave as well as maintained, same term health coverage to eligible employees during any fiscal year (twelve-month period beginning July 1^st through June 30^th) within the employee’s annual contractual dates. All non-workdays are excluded towards the requested FMLA leave time.

Per OCPS policy GCC Professional Staff Leaves and Absences and GDC Support Staff Leaves and Absences, FMLA is not a separate type of leave but rather runs concurrently with other OCPS leaves and employees are required to exhaust all accrued sick leave before unpaid leave begins.

Employees must apply for FMLA benefits every fiscal year if or when needed as the FMLA office must determine an eligibility status for each new FMLA request every fiscal year. If requesting FMLA leave coverage for more than one person, a separate FMLA request form must be filled out for each individual person. FMLA requests should be sent into the FMLA office between 30 – 45 days prior to the requested start date of leave so the FMLA office can accurately determine an eligibility status.

Employees requesting leave of 10 days or more must complete the OCPS approved Request for Leave of Absence (LOA) form to include the entire duration of leave and return it to his/her direct supervisor. Employees should contact the school secretary/work location regarding this form. Per OCPS policies (GCC/GDC), if the leave is a planned or “foreseen leave” such as maternity leave or a planned medical treatment, the LOA form should be completed and returned to the employee’s direct supervisor at least 30 days prior to requested start date of leave.

An employee who works for a covered employer must meet the following three criteria in order to be eligible for FMLA leave: 

• Has worked for the employer for at least 12 months;
• Has at least 1,250 hours of service in the 12 months immediately preceding the start date of requested leave; and
• Works at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite.

Eligible employees are entitled to:  

• Twelve workweeks of FMLA leave coverage in a 12-month period (fiscal year) for one or more of the following:
• the birth of a child and to care for the newborn child within one year of birth (regulation §825.120);
• the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement (regulation §825.121);
• to care for the employee’s spouse, child, or parent who has a serious health condition (regulation(s) §§825.113-825.115 and 825.122) ;
• a serious health condition that makes the employee unable to perform the essential functions of his or her job (regulation(s) §§825.113-825.115 and 825.123);
• any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty (regulation(s) §§825.122 and 825.126);” or
• Twenty-six workweeks of FMLA leave coverage during a single 12-month period (fiscal year) to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave) (regulation(s) §§825.122 and 825.127).