Intranet

FMLA

Office of Family and Medical Leave Act
(FMLA)

Main Line: 407-317-3652
Fax Line: 407-992-1048
Email: FMLA@ocps.net

If you are submitting an FMLA Claim Request Form, please review the information below.

We are working diligently to respond and process all requests in the order received.

The FMLA provides eligible employees of covered employers with job-protected leave for qualifying family and medical reasons and requires continuation of their group health benefits under the same conditions as if they had not taken leave. FMLA leave may be unpaid or used at the same time as employer-provided paid leave. Employees must be restored to the same or virtually identical position when they return to work after FMLA leave. Eligible employees receive a maximum of twelve work weeks of FMLA unpaid leave during any fiscal year (twelve-month period beginning July 1^st through June 30^th) within the employee’s annual contractual dates. All non-workdays are excluded towards the requested FMLA leave time.

An employee who works for a covered employer must meet the following three criteria in order to be eligible for FMLA leave:
- Has worked for the employer for at least 12 months;
- Has at least 1,250 hours of service in the 12 months immediately preceding the start date of requested leave; and
- Works at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite.
Eligible employees are entitled to:
- Twelve workweeks of FMLA leave coverage in a 12-month period (fiscal year) for one or more of the following (twelve-month period beginning July 1^st through June 30^th) within the employee’s annual contractual dates. All non-workdays are excluded towards the requested FMLA leave time:
- The birth of a child and to care for the newborn child within one year of birth (federal regulation§825.120);
- 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 (federal regulation §825.121);
- To care for the employee’s spouse, child, or parent who has a serious health condition (federal regulation(s) §§825.113-825.115 and 825.122) ;
- A serious health condition that makes the employee unable to perform the essential functions of his or her job (federal regulation(s) §§825.113-825.115 and 825.123);
- 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 (federal regulation(s) §§825.122 and 825.126);” or
- Twenty-six workweeks of FMLA leave coverage during a single 12-month period (fiscal year) 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) (federal regulation(s) §§825.122 and 825.127).

Job protection. Employees who use FMLA leave have the right to go back to work at their same job or to an equivalent job that has the same pay, benefits, and other terms and conditions of employment at the end of their FMLA leave. Violations of an employee’s FMLA rights may include changing the number of shifts assigned to the employee, moving the employee to a location outside of their normal commuting area, or denying the employee a bonus for which they qualified before their FMLA leave.

An employer cannot threaten, discriminate against, punish, suspend, or fire an employee because they requested or used FMLA leave. Violations of an employee’s FMLA rights may include actions such as writing up the employee for missing work when using FMLA leave, denying a promotion because the employee has used FMLA leave, or assessing negative attendance points for FMLA leave use.

Group health plan benefits. Employers are required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave. For example, if family member coverage is provided to an employee, family member coverage must be maintained during the employee’s FMLA leave.

Per OCPS policy GCC and GDC, FMLA is not a separate type of leave but rather runs concurrently with other OCPS leaves, and employees are required to exhaust all accrued sick leave before unpaid leave begins.

Employees must apply for FMLA benefits every fiscal year if or when needed as the FMLA office must determine an eligibility status for each new FMLA request every fiscal year. If requesting FMLA leave coverage for more than one person, a separate FMLA request form must be filled out for each individual person. FMLA requests should be sent to the FMLA office between 30 – 45 days prior to the requested start date of leave so the FMLA office can accurately determine an eligibility status.

Employees requesting leave of 10 days or more must complete the OCPS-approved Request for Leave of Absence (LOA) form to include the entire duration of leave and return it to his/her direct supervisor. Employees should contact the school secretary/work location regarding this form. Per OCPS policies (GCC/GDC), if the leave is a planned or “foreseen leave” such as maternity leave or a planned medical treatment, the LOA form should be completed and returned to the employee’s direct supervisor at least 30 days prior to the requested start date of leave.

To submit your initial FMLA claim request form, click below.

Note, once submitted, the form is sent automatically to the FMLA inbox.

Do not resend a duplicate form as this can delay the process.

FMLA Request Form