Questions And Answers: Clearing Up Common Misconceptions For Independent Schools

Certain questions frequently arise in independent schools. With the following guidance in mind, independent schools may consider visiting (or revisiting) their policies and practices for the upcoming school year.

Question: When Do Independent Schools Need to Provide an FMLA Notice of Eligibility?

Answer: Independent Schools Must Provide an FMLA Notice of Eligibility Whenever the School Learns That an Employee's Leave Might Be Eligible for an FMLA-Qualifying Reason.

One thing that is commonly overlooked when managing employee leave is the requirement to provide employees notice of whether they are eligible to take leave under the Family and Medical Leave Act (FMLA). The FMLA imposes several notice requirements on independent schools. First, schools must provide written notice of an employee's eligibility to take job-protected leave for covered reasons under the FMLA. Second, schools must provide a notice of employees' rights and responsibilities under the FMLA.