FMLA
April 2024
Issue 2
LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT when you and your spouse work for the same employer
T
he Family and Medical Leave Act (FMLA) provides job-protected leave from work for family and medical reasons. When spouses work for the same employer and are both eligible to take FMLA leave, the FMLA provides that they share the amount of leave they may take for some, but not all, FMLA-qualifying leave reasons. This fact sheet explains the amount of FMLA leave available to spouses who work for the same employer.
HOW TO APPLY? CLICK HERE For employees taking a leave for more than ten consecutive days, per OCPS policy below, you must complete a Leave of Absence form located on our intranet page.
District Leave Policy ADMINISTRATIVE STAFF SUPPORT STAFF
ABOUT THE FMLA
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 a virtually identical position when they return to work after FMLA leave. ELIGIBLE EMPLOYEES Employees are eligible if they: Work for a covered employer for at least 12 months, Have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts, and Work at a location where the employer has at least 50 employees within 75 miles. COVERED EMPLOYERS Covered employers under the FMLA include: Private-sector employers who employ 50 or more employees in 20 or more workweeks in either the current calendar year or previous calendar year, Public agencies, including Federal, State, and local government employers, regardless of the number of employees, and
FMLA
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