Family and Medical Leave - Policy P5-47

In accordance with the provisions of the Family and Medical Leave Act (FMLA), as amended, eligible employees are entitled to take up to twelve (12) weeks of job-protected, paid or unpaid leave during any twelve (12)-month period for specified family or medical reasons. FMLA also provides twelve (12) weeks of job-protected leave for qualifying exigencies arising out of the active duty or call to active duty of certain family members; and twenty-six (26) weeks of job-protected leave to care for a covered servicemember with a serious injury or illness. An eligible employee must be the spouse, parent, son or daughter or next of kin of the covered servicemember. Qualifying exigencies include:

  • Short-notice deployment;
  • Military events and related activities;
  • Childcare and school-related activities;
  • Financial and legal arrangements;
  • Counseling;
  • Rest and recuperation;
  • Post-deployment activities within 90 days of termination of active duty status;
  • Additional events agreed to by the superintendent and the employee.

Eligible employees are entitled to be restored to the same job or a job with equivalent status, pay, benefits, and other employment terms.

A. Eligibility
Employees of Lynchburg City Schools are eligible for FMLA benefits if they:

1. Have been employed in a full-time position as defined in School Board Policy 5-1 and have reported for their assigned duties following their initial employment in a full-time position or their return from an approved leave of absence, resignation, or retirement; and

2. Have been employed for at least twelve (12) months; and

3. Have worked at least 1250 hours during the twelve (12) months immediately preceding the commence of the leave.

B. Covered Family and Medical Circumstances
Any eligible employee is entitled to twelve (12) weeks of paid or unpaid, job-protected leave during any twelve (12)-month period for the following reasons:

1. The birth and first-year care of a child, or

2. The adoption or foster care placement of a son or daughter with the employee; or

3. The care for the immediate family member (spouse, child, or parent) with a serious health condition; or

4. The employee's own serious health condition that renders the employee unable to perform the functions of his/her job; or

5. Any qualifying exigency as defined in Administrative Regulation 5-47, whereby the employee’s spouse, son, daughter, or parent is a covered military member on active duty or has been notified of an impending call or order to active duty as a member of the National Guard or Reserves in support of a contingency operation; or

6. To care for a family member of the employee who is the spouse, son, daughter, or next of kin as defined in Administrative Regulation 5-47 and is a member of the armed forces with a serious injury or illness, for up to twenty-six (26) weeks of paid or unpaid leave during a single twelve (12)-month period.

Legal Reference:

Family and Medical Leave Act of 1993

Approved by School Board: September 7, 1993
Revised by School Board: March 2, 1999
Revised by School Board: September 21, 1999
Revised by School Board: September 20, 2005
Revised by School Board: November 14, 2005
Revised by School Board: September 1, 2009

Download P5-47 pdf