Family Medical Leave
MEDICAL LEAVE INFORMATION
Medical leave is a policy which protects an employee’s job while they are out for a qualifying medical reason(s). TISD employees may qualify for one of two types of medical leave, either Family Medical Leave (FML) or Temporary Disability (TD) leave.
FML and TDL leave are unpaid leave programs. The district requires employees to use compensatory time and paid leave concurrently with FMLA/TDL leave. Any accrued sick and personal leave days will be used to cover your absences while also being covered under the medical leave policy.
Eligibility requirements vary, so not everyone will qualify for the same amount or type of leave.
Always communicate with your supervisor and the Leave Coordinator as soon as possible regarding the anticipated need for leave.
- Family Medical Leave (FML)
- Temporary Disability Leave (TDL)
- Maternity Leave Options
- Bereavement Leave
- Board Policy for Leaves and Absences
- FAQs- Frequently Asked Questions About Medical Leave
- How to Request Medical Leave
Family Medical Leave (FML)
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".
Temporary Disability Leave (TDL)
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".
Maternity Leave Options
Maternity Leave Details for Full-Time Employees
I have worked for TISD less than 1 year: (See Temporary Disability Leave)
Your leave will be provided by the Temporary Disability (TDL) policy only, which will run concurrently with your paid leave in your leave bank. When your doctor takes you off work for bed rest or delivery, your leave will begin. You must remain off work until your doctor releases you to return to work (usually 6-8 weeks). At that time, you must return to work on the next scheduled work day with a medical release.
There is no additional time off, paid or unpaid, after your doctor releases you to return to work.
I have worked for TISD more than 1 year: (See Family Medical Leave)
If you have also worked at least 1,250 hours in the last 12 months (determined by the HT department), you will qualify for the leave described below. If not, you will qualify for the leave described in the previous section. FML cannot be used intermittently for maternity leave.
Your maternity leave will be provided by the Family Medical Leave (FML) (maximum 12 work weeks or 60 work days in a 12-month period) which will run concurrently with your paid leave in your leave bank. When your doctor takes you off work for bed rest or for delivery, your leave will begin. You must remain off work until your doctor releases you to return to work (usually 6 weeks). At that time, you may return to work, or you may choose to remain off work by using the rest of your available FML for baby bonding. If you have been released by your doctor, you must return to work when your FML is exhausted.
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.
If you have been released by your doctor to return to work, but your baby is ill, your leave will then be recorded as family illness instead of maternity leave. In this situation, please contact the Leave Coordinator so we can assist you.
If both spouses are employed by the district, FML (if eligible) 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.
Bereavement Leave
Board Policy for Leaves and Absences
FAQs- Frequently Asked Questions About Medical Leave
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 HT 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 Human Talent before returning to work. They must, with the exception of Care for Family Member, provide Human Talent 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 Tanya Tondre at 281-357-3100 or leave@tomballisd.net for additional information.
How to Request Medical Leave
When the leave is foreseeable, you should submit the application 30 days before the leave is to begin. If you are already absent or leave will begin within the next 30 days, you should submit the application as soon as possible – the day you learn of the need for leave or the next workday.
Note: District policy requires you to apply for leave and submit medical certification from a qualified health care provider if you are absent five or more consecutive workdays because of a personal illness or the illness of your immediate family member (spouse, child, or parent).
To apply for leave, take the following steps:
- Go to the Tomball ISD website and log in to Classlink.
- From inside Classlink, click on the folder called Human Talent Forms.
- From inside Human Talent Forms, click on the icon called FMLA Employee Request Form.
- Complete and electronically submit the form.
- Choose the applicable medical certification form below and have your medical provide complete and fax the form to 281-357-3289 within 14 working days.
- Check your Tomball ISD email within 24-48 hours for important information regarding your leave application, including eligibility, additional information that may be required, and due dates.
Medical certification forms are available below:
Medical certification- employee (wh380-E)
medical certification- Family member (wh380-F)
medical certification- Qualifying Exigency under fmla
Contact Tanya Tondre at 281-357-3100 ext. 2075 or leave@tomballisd.net for additional questions or information.