I need to take care of him/her. What should I do?
If you have sick leave available, per your negotiated agreement, AACPS will allow you to utilize a portion of it to take care of a relative with a medical condition. Medical documentation is required for greater than 3 days of sick leave usage.
Effective July 1, 2021, AACPS will require employees to substitute sick leave for unpaid FMLA leave. As a result, if an employee has sick leave available, and the employee is approved to use FMLA for a qualifying event, AACPS will run the employee's accured leave concurrently with FMLA.
If you do not have sick leave available, you may still be eligible for up to 60 days of unpaid leave under the Family Medical Leave Act or Job Protected Alternative Leave. Eligibility is determined by federal law, and/or by an employee’s negotiated agreement.
If you anticipate that you will need to be absent from work for more than three days to care for an ill relative, you must notify your supervisor as soon as possible. You should also notify the Office of Integrated Disability and Leave Management. This will allow your work location to plan appropriately for your absence, and ensure that you are aware of documentation that might be required to have your absences coded appropriately.
I would like to use FMLA or JPAL to care for my family member, what should I do?
You may use FMLA to care for your spouse, child, or parent. Depending on your negotiated agreement, you may be permitted to utilize FMLA for other relatives, such as siblings and in-laws.
Your family member must have a “serious” health condition in order for you to be eligible for FMLA. A serious health condition requires either:
- Overnight stay in a hospital; OR
- Continuing treatment by a health care provider, for a condition that prevents the family member from participating in school or other daily activities.
- Continuing treatment = at least 3 consecutive days of incapacity + two visits to a health care provider
- Continuing treatment = one visit to a health care provider + a regimen of continuing treatment
- Continuing treatment = incapacity due to a chronic condition
I have exhausted my FMLA leave. What are my options?
If you have exhausted your paid and unpaid leave options, and still need to be absent from work to care for a relative, you may consult the Office of Integrated Disability and Leave Management to determine whether you are eligible for an unpaid leave of absence. If you are in a bargaining unit, your eligibility is determined by the terms of your negotiated agreement. Note that if you elect to take a leave of absence, you will be responsible for the full cost of your employee benefits, including your health care.
I would like to use paid sick leave for my family member. What documentation is required?
If you will be absent for fewer than three days, no documentation is required.
If you will be absent for more than three consecutive days, you must provide documentation from a physician, attesting to your relative’s illness. If you anticipate that you will be continuously or intermittently absent because your family member has a “serious” illness of unexpected duration, or is receiving ongoing medical treatment, you may be asked to have your relative’s physician complete FMLA paperwork. This serves as appropriate documentation of your need to be absent.
The medical documentation may be provided to your timekeeper, supervisor, or directly to the Office of Integrated Disability and Leave Management.