Inver Grove Heights Schools

FMLA Qualifying Events

*Approved Reasons

The following terms are considered the conditions or reasons that can trigger FMLA leave. They are often referred to as “qualifying events.”

Newborn child

You may take leave to care for a newborn child during the first year of the baby’s life. Either parent can take this leave. In fact, both can take the full 12 weeks leave any time during the first year if they do not work for the same employer. If they work for the same employer, they have 12 weeks between them.

Adoption or foster care

You may take leave to care for a newly adopted child or a newly placed foster child within the first year of placement. Again, like newborn child leave, either parent or both may take the leave.

Immediate family member’s health

You may take leave to care for an immediate family member with a serious health condition. Immediate family members in this FMLA reason are spouse, child, or parent. The definitions for parent and child can include more than just your biological relative. See the following terms.

Employee’s health

You may take FMLA leave if you have a serious health that keeps you from performing “essential functions” of your job. You should be prepared to share enough detail about your condition to let your employer know that you qualify for FMLA leave. Typically, you have your doctor complete paperwork to take to your employer.

Defining Parent and Child

Parent (in loco parentis): a person who cares for (or did during childhood) day-to-day responsibilities or financially supports a child as a parent

Families are not one size fits all. So, the FMLA makes room for different family set-ups. In all three of the first “approved reasons” for taking FMLA leave, the parent may be defined as anyone who is playing or has played the role of the parent.

A grandmother raising her grandkids may be considered in loco parentis. It could be another relative or no relation at all.

This definition works in two ways. It applies to the employee as a parent (for approved reasons #1 and #2) and to the person the employee designates as a parent (approved reason #3).

Child: a person who is either 1) under 18 or 2) over 18 and not able to care for him or herself because of a mental or physical disability

The FMLA defines a “son or daughter” as a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. (See definition above.)

When it comes to deciding if an adult child can be cared for under FMLA, FMLA passes the definition of disabled to The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA).

Intermittent Leave and Reduced Schedule Leave

Intermittent leave means that it occurs in shorter blocks of time, often not on a regular basis. For example, you are receiving ongoing treatment for your serious health condition but can return to work. You would be charged FMLA for the time it takes to attend doctor’s appointments that cause you to miss work. You wouldn’t be charged for any part of the day you actually worked.

Reduced schedule leave means that someone is allowed to return to work for a limited number of hours. For example, you have had some back surgery and haven’t regained all of your strength back yet. But according to the doctor, you can begin to work a part of the day. You would be charged FMLA leave only for the time you don’t work during the day.

Intermittent leave and reduced schedule leave are required under the FMLA if the situation fits the definition of taking care of an immediate family member’s health or your own health. In order to use this leave, you must work with your doctor and Human Resources to set up the schedule and process to handle this unpaid time off.

Intermittent leave or reduced schedule leave for the first two reasons (birth and adoption/foster care) is not required under FMLA. Intermittent leave or reduced schedule leave for these two reasons is considered voluntary and may be denied by the Inver Grove Heights School District.  You do have the right to take off up to 12 weeks after the birth or adoption or foster care placement—taken in a block of time. But, you don’t have the right to work part-time or take off whenever and use FMLA leave.

Military Leave Under FMLA

The federal government considers the care for injured and sick service members extremely important family duties. If a service member is seriously injured or becomes sick because of something that happened while in the line of duty, a family member may be able to help care for him or her.

To qualify, you first, must be eligible for FMLA coverage from Inver Grove Heights School District. Second, the service member must be your spouse, son, daughter, or next of kin.