FMLA for Teachers and School Employees: Special Rules

Introduction

FMLA has specific provisions for teachers, instructors, and other school employees. These special rules address the unique nature of the academic calendar.

Who These Rules Apply To

Teachers (public and private schools)
Instructional aides
Administrators with teaching duties
Other instructional staff

**Key:** The employee's principal function must be to teach or instruct.

Special Rule 1: Leave Near End of Term

If you're taking leave that would extend within the **last five weeks** of the academic term, your employer can require you to remain on leave until the end of the term if:

Leave lasts more than 3 weeks, AND
You would return during the last 3 weeks of the semester

**Purpose:** Avoid disruption to students right before exams.

Special Rule 2: Leave During Last 3 Weeks

If leave begins during the **last 3 weeks** of a term for a purpose other than your own serious health condition, your employer can require you to stay on leave for the rest of the term if:

Leave lasts more than 5 working days

Special Rule 3: Leave During Last 5 Weeks

If leave begins during the **last 5 weeks** of a term and lasts more than 2 weeks, your employer can require you to stay on leave until the end of the term if:

You would return during the last 2 weeks of the semester

How This Affects Your FMLA Entitlement

**Important:** Time you're required to remain on leave (beyond what you requested) is **not charged** against your FMLA balance.

**Example:** - You request 4 weeks of leave - School requires you to stay out the rest of the term (6 weeks total) - Only 4 weeks count against your FMLA entitlement

Intermittent Leave for Teachers

### When It's Predictable If you need intermittent leave for planned treatments: - Employer can require you to transfer temporarily to an equivalent position that better accommodates the schedule - Same pay and benefits must apply

### Leave More Than 20% of Working Days If intermittent or reduced schedule leave would exceed 20% of working days during the leave period, the employer can require: - Transfer to part-time position, OR - Taking full-time leave

Private vs. Public Schools

These special rules apply to **both**: - Public schools - Private schools (with 50+ employees)

Conclusion

Teachers have the same core FMLA rights as other employees, but special provisions address academic calendar considerations. Understand these rules when planning your leave.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney or your HR department for guidance specific to your circumstances.*