How to apply
To apply for Family Medical Leave (FML) log into EmpCenter.
ASD will grant unpaid, job-protected family medical leave to eligible employees who have been out of work for more than three days for one of the following reasons:
The employee’s own serious health condition that makes the employee unable to perform the essential functions of their job; or
In order to care for an immediate family member of the employee (spouse, employee’s own parent or child) who has a serious health condition; or
- The birth of a child, or for placement of a child with the employee for adoption or foster care.
FMLA - non maternity related
Required only if eligible employee wants to apply to sick leave bank
Serious health condition defined
An illness, injury, impairment, or physical or mental condition that involves one of the following:
- An overnight stay in a hospital, hospice, or residential medical care facility and a following period of incapacity.
- Absence of more than three calendar days that also involves continuing treatment by (or under the supervision of) a health care provider; or
- Treatment of pregnancy or prenatal care; or
- Treatment of a chronic serious health condition (e.g., asthma, diabetes, epilepsy); or
- Treatment of a permanent or long-term health condition for which treatment may not be effective (e.g., Alzheimer’s, stroke, terminal diseases); or
- Any absences to receive multiple treatments by a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis).
An employee is eligible for FMLA if the employee has been employed by ASD for at least:
- 35 hours a week for at least six consecutive months; or
- 17.5 hours a week for 12 consecutive months immediately preceding the leave.
Length of leave
Eligible employees are entitled to a total of 18 weeks of leave within a 12-month period for:
- Pregnancy and birth of a son or daughter of the employee; or
- Placement of a child with the employee for adoption or foster care.
Eligible employees are entitled to a total of 18 weeks of leave within 24 month period or 12 weeks in a 12 month period for:
- The care of an employee’s spouse, parent or child with a serious health condition; or
- The employee’s own serious health condition that makes the employee unable to perform the essential functions of their job.
Use of accrued leave
Accrued sick leave may be used by those approved for Family Medical Leave subject to the restrictions in the employee’s negotiated agreement. At the employee’s or employer’s option, certain kinds of paid leave may be substituted for unpaid leave.
Advance notice and medical certification
The employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met.
- The employee ordinarily must provide 30 days advance notice when the leave is foreseeable.
- Notice as soon as practicable when the leave it's not foreseeable (as soon as practicable generally means at least verbal notice to the employer within one or two business days of learning of the need to take FMLA leave).
- An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer’s expense) and a fitness for duty report to return to work.
Job benefits and protection
- For the duration of FMLA leave, the employer must maintain the employee’s health coverage under any "group health plan." (Note: Employees are responsible for paying the employee-paid portion of any insurance premium while on FMLA. If any required premium payments are not made by the employee, insurance coverage may be DISCONTINUED.)
- Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
- The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
Unlawful acts by employers
FMLA makes it unlawful for any employer to:
- Interfere with, restrain, or deny the exercise of any right provided under FMLA; and
- Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.
- The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.
- An eligible employee may bring a civil action against an employer for violations.
FMLA - maternity related
Required only if eligible employee wants to apply to sick leave bank
Family Medical Leave (Alaska) allows an employee to take up to 18 workweeks (90 workdays) during a 12 month period for pregnancy childbirth, adoption or placement of a child in the employee's home for foster care.
For maternity leave, complete the Request for Family Medical Leave and a Physician’s Certification for Employee and submit to the leave specialist approximately 30 days before your due date. Once the baby is born please submit a verification of birth from the doctor indicating the date of birth and the type of delivery.
Union contracts usually allow employees to use up to six weeks of their accrued sick leave for a vaginal delivery or up to eight weeks of their accrued sick leave for a cesarean section. If an AEA employee is on maternity leave and is in a leave without pay status for a period of time it could have an impact on their retirement and step movement.
If you do not have enough sick leave to keep you in a paid status the full six or eight weeks and you are a member of the sick leave bank; you can apply to the sick leave bank for additional time. By applying to the sick leave bank this does not mean that you will be in a paid status the full time you are out on leave, the time will vary due to how much accrued sick leave you have, how many personal days you have and how much time the sick leave bank will grant you. To apply to the sick leave bank complete the Leave Bank Application. The employee completes Part A and the physician completes Part B. When applying to the sick leave bank for maternity the form must be signed by an MD, DO, DPM or licensed nurse practitioner and not a certified nurse midwife or a physician’s assistant.
Pregnant employees are permitted to work as long as they are able to perform their jobs. Leave would begin when the employee’s doctor requests that the employee be placed on bed rest because of health concerns, the employee is unable to perform their job, or the birth of the child. The district does not have any predetermined length of time an employee is required to be out due to childbirth.
When husband and wife both work for the district
A husband and wife who are eligible for FMLA leave and are both employed by the same covered employer may be limited to a combined total of 18 weeks of leave during any 12-month period of leave.
Please refer to your collective bargaining agreement.
Adoptions and children placed into the employee's home for foster care are processed using the Family Medical Leave paperwork and would be eligible for the same length of time as for the birth of a child. Employees have the choice when they would like to begin their leave from either the date of travel or date of placement. Employee will provide a copy of their itinerary (if they choose to use date of travel) and a copy of the legal paperwork showing date of placement.