Page 24 - AASBO EDGE Fall 2021 WEB
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AASBO SUMMER CONFERENCE WRAP-UP
BY DON HARRIS
Jennifer MacLennan
Here’s How FMLA Works When an Employee Can’t
FMLA, the Family and Medical Leave Act “Employers cannot retaliate for the
of 1993, comes in handy during an extended taking of FMLA leave.” – Jennifer
illness or other extenuating circumstances, MacLennan
providing employees with job security and
other benefits.
“The leave may be taken intermittently
Mayra Zuniga, Human Resources Director or as needed, if approved by the district,”
for Nogales Unified School District, and MacLennan said. “It may be medically
Jennifer MacLennan, an attorney with Gust necessary to care for an employee or a
Rosenfeld, told AASBO members at the family member, as determined by a medical
association’s Summer Conference and Expo provider.”
how FMLA works and who may be eligible.
Basically, FMLA provides employees with An example could involve an employee
job-protected, unpaid leave for qualified undergoing care for cancer, needing to take
medical and family reasons. a half day off for treatment. Each half day
counts against the FMLA limit, which can
MacLennan explained that an employee make it difficult to account for in payroll.
generally is eligible for up to 12 weeks of
leave without pay if employed more than The person could call in sick on any day, but
a year and worked more than 1,250 hours. under FMLA the school district could not
Leave would be granted to care for a take disciplinary action against the employee
newborn, for a child for adoption or foster because of frequent absences, MacLennan
care, for the employee’s spouse, child, or explained.
parent who has a serious health condition or
the employee has a serious health condition If the need for FMLA is foreseeable, an
and is unable to work. employee should give at least 30 days’ notice.
“You should not count the leave as FMLA
MacLennan discussed the intermittent use until you get a medical certification from
of FMLA, which she called problematic. It the employee,” MacLennan said. “Once you
allows an employee to take leave periodically have it, you can retroactively count back to
to take care of themselves or a loved one. “It the first day the employee was out.”
can cause huge problems in the workplace,”
she said, indicating the difficultly in filling When an employee requests FMLA leave
in for the missing employee at various times. or the district believes that an absence –
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24 THE EDGE FALL 2021
