Leave of Absence
hero-banner

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 Benefits Department must be notified, and that employee will need to apply for the appropriate leave.
Central Services Building
1307 N. Locust Street, Denton, TX 76201
Phone: (940) 369-0028
Email: benefits@dentonisd.org
Family Medical Leave Act
- How do I request medical Leave?
- Family Medical Leave (FML)
- How much leave am I entitled to under the Family and Medical Leave Act?
- How much notice must an employee give before taking FMLA leave?
- Does the Family and Medical Leave Act guarantee paid time off?
- 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?
- Is an employee required to follow an employer’s normal call-in procedures when taking FMLA leave?
- Who is considered an immediate "family member," under the Family and Medical Leave Act, for purposes of taking FMLA leave?
- Do I have to give my employer my medical records for FMLA leave due to a serious health condition?
- Can my employer require me to return to work before I exhaust my FMLA leave?
- Can my employer refuse to grant me FMLA leave?
- Are there other circumstances in which my employer can deny me FMLA leave or reinstatement to my job?
- Return to Work after Leave of Absence
How do I request medical Leave?
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).
How much leave am I entitled to under the Family and Medical Leave Act?
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.
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.
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.
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?
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.
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).
Do I have to give my employer my medical records for FMLA leave due to a serious health condition?
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.
Can my employer refuse to grant me FMLA leave?
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.
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
- Does Denton ISD offer “Maternity/Paternity Leave”?
- What is FMLA?
- What forms do I need to complete?
- Does DISD give paid maternity leave?
- 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?
- Can I take off work longer than the 12 weeks if I want a longer maternity leave?
- I have Disability Insurance; how does this affect my leave?
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.
What is FMLA?
What forms do I need to complete?
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.
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?
Can I take off work longer than the 12 weeks if I want a longer maternity leave?
I have Disability Insurance; how does this affect my leave?
TDL - Temporary Disability Leave
- What is TDL?
- What can TDL be used for?
- How long can I be off on TDL?
- Am I still eligible for my health insurance benefits while on TDL?
- What kind of job protection does it offer me?
- How do I apply for TDL?
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.















































