How Do I Request a Leave?
- Contact HR/Tracy Birge or complete the Request for Leave Form 1 found under Human Resources Forms: Leaves of Absence.
- Additional instructions will be provided depending on if you qualify for FMLA or not.
- Always keep your department informed of your request and potential length of absence.
What is FMLA?
Family Medical Leave Act is a law which allows eligible employees to be on an unpaid leave for up to 12 weeks in a 12 months period. It also protects their benefits cost and allows employees to be restored to the same job or one nearly identical for same pay and benefits.
Monroe One allows you to use your available Sick days to be paid during your leave.
Who qualifies for FMLA?
Employees must have worked for Monroe One for the previous 12 months AND have at least 1250 actual work hours in those 12 months (excludes Sick, Personal, Vacation, Holidays, etc).
Human Resources will determine if you are eligible.
Do we participate in the new rules for New York State Paid Family Leave?
No, this new law that starts January 2018 is not mandatory for public employers so we do not participate at this time. If this changes, all employees will be notified.
What if my doctor says I qualify for NYS disability?
Monroe One is exempt from NYS disability. Once your Sick days are exhausted, any additional time may be unpaid.
I was out 5-6 days for illness such as flu so do I need to apply for FMLA?
You are not required to apply for FMLA, although it does protect employee absence. Typically, Human Resources (HR) will request a copy of doctor’s note for your file. Please contact HR/Tracy Birge to go over your options.
Do I need to keep my department informed of my leave?
Yes. Although HIPPA allows you to not disclose to your department the medical reason you are out, we ask that you keep both the department and HR informed of any dates you will be out and possible return date. This allows them to make accommodations during your absence.
What do I need to do to extend my existing leave?
You need to provide an updated doctor note or an updated Monroe One Return to Work form (under Human Resources Forms: Leaves of Absence) from your doctor with your new return date or next appointment date. A date is required—we cannot accept “until further notice”.
I had an intermittent leave on file last school year. Can it continue?
FMLA requires that you re-qualify/re-apply each new school year. This includes completing a new Request for Leave and a new Certification Form from your doctor.
Intermittent leaves are typically for chronic conditions or to assist family members intermittently after surgery or for the care of elderly parents.
Am I eligible for FMLA leave if I need to take a leave for myself or family member?
To be eligible for a Family Medical Leave Act (FMLA) leave, you must have worked for at least 12 months and 1250 hours before going out on a leave.
If eligible, you must use all of your accumulated Sick days for your own leave and all of your Family Sick days for a family member’s leave.
During your FMLA leave, your cost of benefits will remain the same for up to 12 weeks but depending on how much Sick time you have, your leave could be paid or unpaid.
What days do I use for maternity or for an extended sick leave?
BOCES does not have New York State Disability so any paid time for Maternity or sick leave comes from your earned accumulated sick days. If you do not have enough sick days to cover your absence, you will take an unpaid leave of absence.
I’m having a baby so will I be paid for 12 weeks?
No, Monroe One will allow you to be paid for 6 weeks for regular delivery or 8 weeks if C-Section (for “healing”) providing you have enough Sick days available. Any time taken after 6/8 weeks is unpaid time for “bonding”.
Employees with limited current year days may request to “save” days for their return. That way employees have days saved if the baby or other family members need assistance.
My wife is having a baby. Do fathers also get maternity or paternity leave?
Yes, you have the same rights under FMLA as the mother. However you will only be paid for a max of your current available Sick, Personal or Vacation days. Any additional days taken will be unpaid.
I am ill or need surgery and have exhausted all my sick time. Am I eligible for a leave?
If you are eligible for FMLA, you will still get the same protections but as an unpaid leave.
If you are Not eligible for FMLA, you must submit a written request to Director of Human Resources and the Superintendent requesting the unpaid leave and along with supporting documentation from your doctor.
Can I take a leave for a seriously ill family member?
FMLA is for spouse, child, or parent. For other family members you can use Family Sick days (from your available current year balance and Personal or Vacation days) with a doctor’s note as backup.
Can I use all my Sick days for family leave?
No. You may only use your available current year Sick days, Personal days and Vacation days for family members. Your personal sick bank, rolled over each year, is for yourself only.
It is very important to notify your department when taking a Family Sick day so that we can code and track your days appropriately.
Am I required to use my Sick Days during a leave?
No. If eligible for FMLA, you can save days and take an unpaid leave. This is especially helpful for family sick leaves that you might need later in the year.
I want to return but I have restrictions. When can I return?
Please provide your Return to Work Form (under Human Resources Forms: Leaves of Absence) and supporting medical documents to HR once available. HR will coordinate with your department to see if your restrictions can be reasonably accommodated. Please do not return until you hear from your department or HR.
Can I donate my unused Sick days to another employee?
No, your sick bank is for your use only. Unused Sick days are paid out at retirement. Each amount varies by contract.
Can I apply for more than 1 leave a year?
FMLA will protect you for 12 weeks over the course of a 12 month period. If you have exhausted FMLA but still have Sick days available you will be allowed to take further paid leave time. Please contact HR/Tracy Birge to go over your personal details.
Do I have to take a full or half day for a doctor’s appointment?
Sick and Family Sick time can be taken in 2 hour increments but a form must be completed ahead of time. Check with your department for additional requirements.
What is the difference between Sick and Family Sick days?
Family Sick days are days that can be used for a family member’s care and only include the new Sick days given to you each fiscal year.
You are a 10 month employee and receive 15 new Sick days each school year (July through June). Only up to 15 Family Sick days can be used that school year for the care of a family member.
Whatever days are not used, carryover into the following year. You can accumulate up to a maximum of 250 days to be used in case of your own extended sick leave or to count towards service for at the time of retirement.
If you are hired mid-year, the Sick days given to you will be pro-rated.
What happens if I need to use a Personal day before a holiday for something scheduled out of my control?
You will need to request that time off from the District Superintendent with documentation supporting the request and the Personal Day Request Form at least a week in advance.
For all other times, you will need to complete the Personal Day Request Form a week in advance.
What do I need to do if I have to call in sick?
This is one of the first questions you should ask your supervisor when starting your job. Every department has different procedures so make sure you understand what is expected of you.
Do you have an Emergency Sick Bank, and are we required to contribute to this bank?
If you are a member of the BPA, PSP and BUP bargaining units, you have the ability to apply for sick bank days after being out 40 consecutive work days and have exhausted all of your Sick, Personal and Vacation (for 12 month employees) days. You cannot be out of work for Workers’ Comp days to apply.
Members of these units contribute one (1) Sick day when hired and another Sick day the following July as their only contributions to the bank.