Family and Medical Leave Act (FMLA)

Note: Employees who will be absent from work for 10+ consecutive days due to personal illness will need a Report of Extended Absence Form submitted by school/manager to the Office of Employee Absence and Risk Management (OEARM).

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave in a "rolling" 12-month period. It also requires that their group health benefits be maintained during the leave.

Applicable reasons for FMLA are:
  • For the birth and care of the newborn child of an employee;
  • For placement with the employee of a child for adoption or foster care;
  • To care for an immediate family member (i.e., spouse, child, or parent) with a serious health condition; or
  • To take medical leave when the employee is unable to work because of a serious health condition.

Employees are eligible for unpaid FMLA leave if they have worked for BCPS at least 12 months AND at least 1,250 hours over the past 12 months. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.

Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.

Military family leave provisions, first added to the FMLA in 2008, afford FMLA protections specific to the needs of military families.

Special rules apply to employees of local education agencies