Family Medical Leave

Family Medical Leave (FML) 

The Family and Medical Leave Act (FMLA) is a benefit that allows qualified employees to have up to 12 weeks of unpaid leave per fiscal year. The law allows eligible employees to take job-protected leave for the birth or adoption of a child, for the care of a child, spouse or parent with a serious health condition, for the employee's own serious health condition, or for the care of a covered military service member. When medically necessary or in the case of a qualifying exigency, an employee may take leave intermittently or on a reduced schedule. The district does not permit the use of intermittent or reduced-schedule leave for the care of a newborn child or for adoption or placement of a child with the employee. 

Employees must meet specific criteria to qualify for FMLA. To be eligible:

• The employee must have been employed by TISD for a minimum of 12 months;
• The employee must have worked at least 1,250 hours within the prior 12-month period; and
• The employee must not have exhausted their 60-day FMLA entitlement within the prior 12-month period. 
• employee's own serious medical condition
• immediate family member's serious medical condition (spouse, child, or parent only)
• birth; adoption; or placement of a foster child
• bonding within the first 12 months of the child's life 

FMLA is an unpaid leave program. The district requires employees to use compensatory time and paid leave concurrently with FML leave. Any available paid leave days will be used to cover your absences while also being covered under the medical leave policy.

If both spouses are employed by the district, FML for birth, adoption, placement of a child, or care for a parent with a serious health condition will be limited to a combined total of 12 workweeks. FML may only be used once during a 12-month period, which is measured beginning on the first duty day of the school year. Employees must have worked for the district one year and worked 1,250 hours in the past 12 months to be eligible for FML.

To apply for FML, please see instructions below on "How to Request Medical Leave". 

For employees who do not meet FML eligibility criteria; or has exhausted all FML days in previous 12-month period. The second medical leave program available to TISD employees is: Temporary Disability Leave (TDL). 

• TDL is medical leave coverage to protect an employee’s job.
• TDL is NOT to be confused with short term disability insurance, which is an elected benefit (questions related to this insurance should be directed to the Benefits Department at 281-357-3100). 
• TDL is for an employee's OWN medical conditional only. 
• TDL cannot be used on an intermittent basis. 

Employees must meet specific criteria to qualify for TDL. To be eligible:

• Any full-time employee whose position requires educator certification by the State Board for Educator Certification or by the District for a maximum of 180 calendar days.
• Any full-time employee who is not eligible for temporary disability leave under state law shall be eligible for local temporary disability leave for a maximum of 90 calendar days in a 12-month period. 

To apply for TDL, please see instructions below on "How to Request Medical Leave".

Bereavement leave may be taken under the conditions of state and personal leave.

*See page 31 of the TISD Employee Handbook for details regarding sate and personal leave. 

Board Policy DEC (LEGAL)

When do I need to tell my employer if I plan to take FMLA leave? 
Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. If leave is foreseeable less than 30 days in advance, the employee must provide notice as soon as practicable – generally, either the same or the next business day.

Will I be paid during my medical leave? 
FML grants the right to unpaid leave. However, pursuant to TISD Board Policy, employees are required to use personal leave time, which is taken concurrently until the leave time is exhausted or the FML leave ends, whichever comes first. 

Am I required to prove that I have a serious health condition? 
Yes. The need for leave for a serious health condition of the employee or the employee’s immediate family member must be supported by a certification by a health care provider. If an employee fails to submit a medical certification in a timely manner (14-days), FMLA protection for the leave may be delayed or denied. If the employee never provides a medical certification, then the leave is not approved as FMLA/TDL leave. 

How are my insurance premiums paid while I am on FML/TDL? 
Employees are responsible for their portion of insurance premiums, if any, while on leave. TISD will continue to pay the employer portion of health and life insurance premiums. If TISD is unable to collect the employee’s portion of insurance premiums from his or her paycheck, the premiums will go into arrears or be canceled. Upon his or her return from leave, TISD will deduct the total arrears from his or her paycheck. The employee also has the option of submitting premium payments to minimize the benefit arrears while on leave. Contact the Benefits Department at 281-357-3100 for additional information. 

Does FML/TDL offer job protection? 
TISD is required to reinstate employees in the same or equivalent position, with the same pay and benefits as the position the employee held before the leave. 

What about the summer months if I am a 9- or 10-month employee? 
The period during the summer when a school employee would not be required to report for duty is not counted against the employee’s FML entitlement. A 9- or 10-month employee who is on FML leave at the end of the school year must be provided any benefits over the summer vacation that nine- or 10-month employees would normally receive, if they had been working at the end of the school year. 

Does FML cover military leave? 
Military Leave is not covered under the umbrella of FML. Employees may request military leave pursuant to TISD Board Policies for specified reasons related to certain military deployments. However, an employee may take up to 26 weeks of FML in a single 12-month period to care for a covered service member with a serious injury or illness. 

How will I know if I’m eligible and approved for FML?
Once the employee has submitted the FML application, it will be reviewed for eligibility. The eligibility process begins with confirming the employee worked 12 months and 1,250 hours within the 12 months. Once the eligibility is confirmed, the employee will receive communication via email, confirming an approval or denial of the FML request.

Will I be required to provide other information for my medical leave to be approved? 
Requesting FML requires the employee to submit a Request for Family Medical Leave. The employee will complete page 1 of the form and submit the Certification for Healthcare Provider form (wh380) to their physician for completion. If an employee submits their request to Risk Management/FMLA Specialist without the completed physician’s statement, the employee is given a 14-day period to submit the completed FML application. If the certification is not provided in a timely manner, the request for FML will be denied. 

What do I have to do when I am ready to come back to work? 
In all cases, employees must contact their supervisor and Risk Management/FMLA Specialist​​​​​​​ before returning to work. They must, with the exception of Care for Family Member, provide the Risk Management/FMLA Specialist​​​​​​​ with a copy of their Fitness for Duty release (medical release) three working days before returning. The Fitness for Duty release should include any necessary work restrictions or modifications. 

Where do I go for more information? 
Contact Connie Martinez at 281-357-3100 or email for additional information.
 

Electronic Request Form

To apply for leave, take the following steps:

1. Go to the Tomball ISD website and log in to Classlink. 
2. From inside Classlink, click on the folder called Leave Request. 
3. From inside the Leave Request folder, click on the FMLA Employee Request Form. 
4. Complete and electronically submit the form. 
5. Choose the applicable medical certification form below and have your medical provider complete and fax the form to 832-533-8268 within 15 calendar days.
6. Check your Tomball ISD email within 24-48 hours for important information regarding your leave application, eligibility, due dates, and any additional information that may be required. 

Medical certification forms are available below: 

Medical certification- employee (wh380-E)

medical certification- Family member (wh380-F)

medical certification- Qualifying Exigency under fmla