Page 26 - AASBO EDGE Fall 2021 WEB

Here’s How FMLA Works When an Employee Can’t

CONTINUED FROM PAGE 24

generally more than three days— may qualify,
the district must send a notice of FMLA rights
within five business days. Zuniga said a best
practice is to have principals or supervisors
notify Human Resources to send the FMLA
notice when an employee is out for more than
a week. She recommended having someone
in HR handle such leaves and said principals
and supervisors should be discouraged from
asking too many questions.
But MacLennan cautioned – you are limited
MacLennan cautioned to be aware if a on what type of information HR can seek,
supervisor wants to fire someone on FMLA especially if it involves a domestic abuse issue.
leave. “That could lead to liability,” she said.
If there is some question about the need for a
Among the rights under FMLA, the leave, Zuniga said, “You’re not the investigator.
employee cannot lose job status and receives People should be honest about why they’re on
pay raises and benefit increases offered by leave. It’s frustrating if you know they’re out
management. “The employee has the right shopping or in bars. My mother told me if you
to job restoration to the same or equivalent can’t go to school you can’t go anywhere,”
position,” MacLennan said, adding that it’s Zuniga said. “It’s hard not to impose your
not retaliation if, for example, a teacher personal beliefs. A best practice is to detach
is moved to another campus. “Employers yourself – follow procedures. If you have
cannot retaliate for the taking of FMLA certification by physician, honor that.”
leave,” MacLennan emphasized.
On the issue of sick leave banks and donations
A district can require an employee to use any of leave, Zuniga said Nogales allows an
accrued but unused sick leave or it can let employee to receive up to 400 hours of donated
it be employee choice. Zuniga said Nogales sick leave a year from other employees, and
policy does not require using regular paid sick that an employee can donate up to 48 hours a
leave before FMLA kicks in. If an employee year to another employee.
is seeking information about FMLA, Zuniga
said, HR goes over every detail, including MacLennan said an Attorney General opinion
how long the employee expects to be off. determined that donating sick leave does not
“We go over everything so they can’t come violate the law against the gift of public funds.
back later to say we didn’t tell them about
Jennifer MacLennan can be reached at: maclennan@gustlaw.com
something in the law,” she said.
Mayra Zunia can be reached at: (520) 397-7937

|
26 THE EDGE FALL 2021