1. FMLA Compliance: Special Rules for Schools

FMLA Compliance: Special Rules for Schools

Event ID: 75275
Session ID: 16792
Date: Friday, December 13, 2019, 1 PM Eastern
Duration: Scheduled for 90 minutes including question and answer period.
Presenter(s): Melissa Fleischer, attorney at law, and president, HR Learning Center, LLC
Credits: 1.5 HRCI, 1.5 SHRM


FMLA Compliance: Special Rules for Schools

FMLA compliance can be tricky for schools. Not only do schools, like other types of employers, deal with issues relating to calculating intermittent leave, covered military care giver rules, “qualifying exigency leave,” etc., but there are also, additional rules which focus specifically on school compliance with the FMLA. Every employer is required to follow the FMLA’s posting and notification requirements and “eligibility” rules. In addition, however, there are special rules for schools, for example, the requirement to include paid and unpaid work time when calculating the minimum 1250 hours-worked eligibility requirement for “exempt” teachers. In addition there are special rules relating to “instructional employees” of public and private elementary and secondary schools. The law also offers direction relating to: how to calculate leave while school is not in session, how to handle requests for leave that are made shortly before the end of a term, rules for calculating leave in the event two employees who work for the same school system request to take FMLA leave simultaneously, etc. Put all of the requirements together and complying with the FMLA can be confusing for schools ? with little room for error since getting it wrong can expose the school district to substantial risks. Please join Melissa Fleischer, attorney at law, as she explains step-by-step the rules relating to FMLA compliance in general and focuses on the special requirements for schools.


Just a sampling of the many practical tips you’ll take away:

  • Review the FMLA compliance requirements which schools and other types of employers are required to comply with, including the difficult issue of how to calculate intermittent leave in a school setting
  • Discuss the special FMLA requirements which schools are required to satisfy
  • Understand who comes under the definition of an “instructional employee” and what the law allows for employees who fall within this group
  • Discuss the difference in requirements for instructional and non-instructional employees
  • Learn the rules relating to intermittent and reduced schedule leave
  • See how to handle requests for simultaneous leave from two employees working in the same school system
  • Discuss what the law says about leave that is requested near the end of the term
  • Understand how to calculate the 1250 minimum hour requirement for “exempt” teachers

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