Human Resource - Family Medical Leave

The Family Medical Leave Act (FMLA) is a federal law that provides eligible employees up to 12 weeks (during a "rolling 12 month period") of unpaid, job-protected leave, for certain qualifying events, and requires that group health benefits be maintained during the leave as if the employee was working.

Military Exigency and Military Caregiver Leave provides eligible employees up to 26 weeks of leave.

If you are not eligible for federal FMLA, you may be eligible for Maine Family and Medical Leave.

It is always best to schedule a meeting to discuss your individual situation with Michele Sawtelle, Human Resources Manager, to best determine your leave needs.

Federal vs. Maine Family and Medical Leave Laws

Federal Family and Medical Leave

Eligible Employees

Have worked for the Kittery School District for 12 months, 12 months need not be consecutive
Have worked at least 1,250 hours before the leave begins over the previous 12 months (consecutive)

Qualifying Events

Birth of a son or daughter and care of a newborn child
Adoption or foster care placement of a child
Care of the employee's spouse, son, daughter, or parent with a serious health condition
The employee's own serious health condition
A qualifying military exigency arising from the employee's spouse, son, daughter, or parent's active military duty or impending call or order to active duty
To care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin

Note:

The FMLA does not distinguish between male and female parents
Leave may be taken by both parents concurrently or sequentially
Special rules apply for spouses employed by the same employer
Special rules apply for school employees around breaks of service
The Employees Guide to the Family and Medical Leave Act

Maine Family and Medical Leave

Do I qualify for Maine Family and Medical Leave?

If you have been employed for the last 12 months, you may qualify for Maine Family and Medical Leave.

More Information

If you are going to be out of work for more than 3 days, you need to provide as much advanced notice to your immediate Supervisor and to the Human Resources Manager. All foreseeable leave needs to be requested 30 or more days in advance.
If you are out of work for an extended period of time, you will be asked to provide a doctor's note to return to full duty. If you are put on restrictions, you will also need a note regarding the extent of those restrictions and then a note to return to full duty.

Families First Coronavirus Response Act (FFCRA)

An employee is entitled to take leave if the employee is unable to work or telework because the employee:

1. Is subject to a federal, state, or local quarantine or isolation order related to COVID-19,
2. Has been advised by a health care provider to self-quarantine related to COVID-19,
3. Is experiencing COVID-19 symptoms and is seeking a medical diagnosis,
4. Is caring for an individual who is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 or has been advised by a health care provider to self-quarantine related to COVID-19,
5. Is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons, or
6. Is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services

Emergency Paid Sick Leave Act (EPSLA)

Benefit Basics:

Six qualifying COVID-19 related reasons for job-protected leave
During leave, continuation of health insurance
Entitlement to paid sick leave over a 2-week period
Full-time employees, based on their schedule, up to 80 hours
Part-time employees, hours based on their schedule

The applicable rate of pay is the highest applicable wage rate, either the:

Employee’s regular rate of pay,
FLSA minimum wage, or
Highest applicable state or municipal minimum wage

Paid Leave 100% Calculation (Reasons 1-3)

The employee is due 100% the required rate of pay for leave hours taken because the employee:

Is subject to a federal, state, or local quarantine or isolation order related to COVID-19,
Has been advised by a health care provider to self-quarantine related to COVID-19, or
Is experiencing COVID-19 symptoms and is seeking a medical diagnosis
Total pay capped at$511 per day or $5,110 in total

Paid Leave Two-Thirds Calculation (Reasons 4-6)

The employee is due two-thirds of the required rate of pay for leave hours taken because the employee:

Is caring for an individual subject to a federal, state, or local quarantine or isolation order related to COVID-19,
Is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons, or
Is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services.
Total pay capped at $200 per day or $2,000 in total

Emergency Family and Medical Leave Expansion Act (EFMLEA)

This is a new leave reason under the FMLA, not additional weeks

An employee who has already used 12 weeks of leave under the FMLA is not able to use EFMLEA leave

Benefit Basics:

Employee can only use EFMLEA leave to care for his or her son or daughter whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons

Up to 12 workweeks of job-protected leave, with continuation of health insurance
Initial 2 weeks unpaid
Remaining 10 weeks paid at two-thirds the employee’s regular rate of pay

All employees, including full-time and part-time employees, of covered employers are eligible for EFMLEA if they have been employed by their employer for at least 30 calendar days.

There is only one qualifying reason for leave under the EFMLEA:

Employee leave to care for his or her child whose school or childcare provider is closed or unavailable for reasons related to COVID-19.
Initial two weeks of EFMLEA leave is “unpaid”
Employee may choose to use paid sick leave under the EPSLA, or accrued paid time under their employer benefits package, at the same time as unpaid EFMLEA leave
Up to 10 weeks paid leave available
Hours of leave are paid at two-thirds the employee’s regular rate of pay
Employer does not have to pay more than $200 a day or $10,000 total under EFMLEA