Leave of Absence
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Denton ISD offers different types of medical leaves
Should an employee miss more than 5 consecutive workdays, even if it’s a work-related injury, the Risk Management Department must be notified, and that employee will need to apply for the appropriate leave.
Family Medical Leave Act
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How do I request medical Leave?
You will need to sign into the SSO portal, and find the button for Medical Leave request. That will take you to our leave absence software. Follow onscreen directions from there.
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Family Medical Leave (FML)
To qualify for Family Medical Leave (FML) you must have worked for the district for a minimum of one year and worked 1,250 hours in the prior twelve (12) months.
FML allows twelve (12) work weeks / (60 days) of leave in a 12-month period for:
- the birth of a child and to care for the newborn child within one year of birth, and to bond with that child.
- 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.
- to care for an immediate family member (spouse, child, or parent – but not a parent “in-law” or sibling) who has a serious health condition.
- a serious health condition that makes the employee unable to perform the essential functions of his or her job.
- 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”
- Twenty-six work weeks of leave during a single 12-month period 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).
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How much leave am I entitled to under the Family and Medical Leave Act?
If you are an "FMLA-eligible" employee, you are entitled to 12 weeks of FMLA leave for certain family and medical reasons during a 12-month period. Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.
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How much notice must an employee give before taking FMLA leave?
When the need for leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment, an employee must give at least 30 days' notice. If 30 days' notice is not possible, an employee is required to provide notice “as soon as practicable.” The regulations clarify that it should be practicable for an employee to provide notice of the need for leave that is foreseeable either the same day or the next business day.
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Does the Family and Medical Leave Act guarantee paid time off?
No. The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid leave, such as vacation or sick leave, for some or all of the FMLA leave period. When paid leave is substituted for unpaid family medical leave, it may be counted against the 12-week FMLA leave entitlement if the employee is properly notified of the designation when the leave begins.
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Can the employer count leave taken due to pregnancy complications against the 12 weeks of FMLA leave for the birth and care of my child?
Yes. An eligible employee is entitled to a total of 12 weeks of family medical leave in a 12-month period. If the employee has to use some of that leave for another reason, including a difficult pregnancy, it may be counted as part of the 12-week FMLA leave entitlement.
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Is an employee required to follow an employer’s normal call-in procedures when taking FMLA leave?
Yes. Under the regulations, an employee must comply with an employer’s call-in procedures unless unusual circumstances prevent the employee from doing so (in which case the employee must provide notice as soon as he or she can practicably do so). The regulations make clear that, if the employee fails to provide timely notice, he or she may have the FMLA leave request delayed or denied and may be subject to whatever discipline the employer’s rules provide.
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Who is considered an immediate "family member," under the Family and Medical Leave Act, for purposes of taking FMLA leave?
An employee’s spouse, children (son or daughter), and parents are immediate family members for purposes of FMLA. The term "parent" does not include a parent "in-law". The terms son or daughter do not include individuals age 18 or over unless they are "incapable of self-care" because of a mental or physical disability that limits one or more of the "major life activities", as those terms are defined in regulations issued by the Equal Employment Opportunity Commission (EEOC) under the Americans With Disabilities Act (ADA).
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Do I have to give my employer my medical records for FMLA leave due to a serious health condition?
No. You do not have to provide medical records under the Family and Medical Leave Act. The employer may, however, request that, for any leave taken due to a serious health condition, you provide a medical certification confirming that a serious health condition exists.
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Can my employer require me to return to work before I exhaust my FMLA leave?
Subject to certain limitations, your employer may deny the continuation of family medical leave due to a serious health condition if you fail to fulfill any obligations to provide supporting medical certification. The employer may not, however, require you to return to work early from FMLA leave by offering you a light-duty assignment.
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Can my employer refuse to grant me FMLA leave?
If you are an "eligible" employee who has met FMLA’s notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year), you may not be denied leave under the Family and Medical Leave Act.
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Are there other circumstances in which my employer can deny me FMLA leave or reinstatement to my job?
- In addition to denying reinstatement in certain circumstances to "key" employees, employers are not required to continue FMLA benefits or reinstate employees who would have been laid off or otherwise had their employment terminated had they continued to work during the FMLA leave period as, for example, due to a general layoff.
- Employees who give unequivocal notice that they do not intend to return to work lose their entitlement to FMLA leave.
- Employees who are unable to return to work and have exhausted their 12 weeks of FMLA leave in the designated "12-month period" no longer have FMLA protections of leave or job restoration.
- Under certain circumstances, employers who advise employees experiencing a serious health condition that they will require a medical certificate of fitness for duty to return to work may deny reinstatement to an employee who fails to provide the certification or may delay reinstatement until the certification is submitted.
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Return to Work after Leave of Absence
When an employee is ready to return to work, it is the employee’s responsibility to deliver a medical release form to the Risk Management Department, completed by their doctor. This form must be signed by the doctor stating the return-to-work date and if there are any restrictions. The Risk Management Department will review and determine if the employee is eligible to return to work. If it is determined you can return to work, the employee will be given a Return-to-Work Notice. A copy will be emailed to the supervisor and the employee.
All employees must report to the Risk Management Department and receive a Return-to-Work Notice prior to returning to his/her campus or department.
Maternity Leave
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Does Denton ISD offer “Maternity/Paternity Leave”?
DISD uses the FMLA for Maternity Leave. Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months and have worked for at least 1,250 hours over the previous 12 months. If both parents are DISD employees and are eligible for FML, then the FML time off is limited to a combined total of 12 weeks and runs concurrently with any other leave.
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What is FMLA?
FMLA stands for the Family Medical Leave Act, which is an unpaid leave regulated by the US Department of Labor. If you qualify for FMLA, you are able to take up to 12 work weeks of leave due to the birth of a baby.
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What forms do I need to complete?
About 1 month before your anticipated delivery date, you will need to request medical leave through the SSO Portal. Look for the Medical Leave Request tile, and then follow onscreen instructions.
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Does DISD give paid maternity leave?
FMLA is an unpaid leave. The only way you get paid when out on any type of leave is if you have the days accumulated to be paid either through state, local, or vacation days. Denton ISD does require an employee to use all compensable time they have to run concurrent with their FML. For Example - if you have 20 days accumulated and choose to take off the full 60 days of FML, the first 20 days will be paid to you using your compensable time with the balance of the 40 days being unpaid.
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Can the employer count leave taken due to pregnancy complications against the 12 weeks of FMLA leave for the birth and care of my child?
Yes. An eligible employee is entitled to a total of 12 weeks of family medical leave in a 12-month period. If the employee has to use some of that leave for another reason, including a difficult pregnancy, it may be counted as part of the 12-week FMLA leave entitlement.
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Can I take off work longer than the 12 weeks if I want a longer maternity leave?
No. Once your doctor releases you, there is no additional time off, paid or unpaid, beyond the 12 weeks.
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I have Disability Insurance; how does this affect my leave?
Disability Insurance is a pay supplement benefit, not a leave. Therefore, they are completely separate. To determine if you have the disability benefit and what the procedures are, contact the Insurance Department at 940-369-0028.
TDL - Temporary Disability Leave
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What is TDL?
Temporary Disability Leave (TDL) is an unpaid leave that is available to all full-time employees of Denton ISD.
Any full-time employee shall be eligible for Temporary Disability leave even if you have exhausted FML or do not qualify for FML. The maximum length of TDL shall be 180 calendar days. Temporary Disability can only be requested for the employee’s own serious medical condition (pregnancy included). For more information, see the TDL packet below.
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What can TDL be used for?
Available whenever physical or mental condition interferes with the performance of duties for your specified position (including pregnancy). It can only be used for the employee's own medical condition. The condition must be verified by a licensed physician.
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How long can I be off on TDL?
The amount of time approved will be dependent on information provided on the medical certification by the treating physician. The maximum allowable time is 180 calendar days. TDL will run concurrent with FML (if FML is approved) and with all compensable time you have accumulated.
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Am I still eligible for my health insurance benefits while on TDL?
Yes. However, the District does not have to contribute anything towards your premium. So while you are out on TDL, you are responsible for paying the entire amount of your health insurance cost.
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What kind of job protection does it offer me?
Employees must give at least 30 days' written notice of intent to return from leave along with a medical release from the physician. Employees must be returned to work at the previous campus as soon as a position is available, but no later than the beginning of the next school year.
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How do I apply for TDL?
About 1 month before your anticipated delivery date, you will need to request medical leave through the SSO Portal. Look for the Medical Leave Request tile, and then follow onscreen instructions.