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What Municipal/School District Employers Need to Know about FMLA

At Kozloff Stoudt Attorneys, the employment discrimination lawyers in Reading, PA, we want municipal and school district employers to be aware of the Family Medical Leave Act and what it entails.

“The Family Medical Leave Act (FMLA) provides eligible employees of covered employers with up to 12 or 26 weeks of unpaid, job-protected leave during a 12-month period for specified family or medical reasons, and continuation of group health benefits.”

Covered employers include:

  • Private sector employers that have 50 or more employees for at least 20 work weeks during the current or previous calendar year.
  • Public agencies: local, state and federal government agencies such as townships, boroughs and authorities. The number of employees is inconsequential.
  • School districts: public or private, elementary or secondary schools. The number of employees is inconsequential.

Eligible employees:

  • Those who work for a covered employer.
  • Those who worked for a covered employer for at least 12 months.
  • Employees with at least 1,250 hours of work for a covered employer during a 12-month span prior to the FMLA leave.
  • Employees who work at a location where the employer employs at least 50 employees within a 75-mile radius of their working location.

How does FMLA affect school districts and municipal employers?

  • School districts and municipalities are public agencies, which are covered employers. Therefore, FMLA applies to them.
  • Qualified municipal and school district employees who meet the 50 or more employees within 75 miles of the worksite requirement as well as worked for at least 1,250 hours during the previous 12-month period are eligible.
  • If the school district or municipal employee fails to meet all of the requirements, they are not eligible for FMLA benefits, even if the school district or municipality is a covered employer.
  • If the school district or municipal employee is eligible under FMLA, the employer must allow the employee to return to either the same or an equivalent position, pay and benefits, as well as any other terms or conditions that may apply.
  • Since school districts and municipalities are covered employers, they must notify their employees about the FMLA. If the employer has any FMLA-eligible employees, they must provide written notice to their employees. This general notice of eligibility must be provided regardless if they may be entitled to another type of paid leave.

To learn more about your rights under the FMLA, or if you need personal injury lawyers in Reading, PA, please contact Kozloff Stoudt Attorneys at your convenience. Please call 610-370-6700 or complete a contact form here on our website.

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