§2618 Special Rules Concerning Employees of Local Educational Agencies

Summary

Gives employees of local school districts and private K–12 schools the same family and medical leave rights, remedies, and procedures as other covered workers. Eligible employee: a worker who meets the usual eligibility rules. Employer: the local educational agency or private elementary or secondary school. Using leave under these rules does not, by itself, mean the school broke special education, disability, or civil‑rights laws. If an instructional employee asks for intermittent leave or a reduced schedule that is predictable and would total more than 20% of the workdays in the period, the school can require the worker to either take leave in set blocks (not longer than the planned treatment) or move temporarily to an available job that pays the same and fits the recurring leave better. That choice only applies if the employee follows the law’s notice rules. Near the end of a term, schools may force employees to stay on leave until the term ends in three situations: if leave starts more than 5 weeks before the end and is at least 3 weeks and return would fall in the last 3 weeks; if it starts within 5 weeks, lasts more than 2 weeks, and return would fall in the last 2 weeks; or if it starts within 3 weeks and lasts more than 5 workdays. Decisions about restoring an employee to an equivalent job follow school policies and collective bargaining. If a school proves it reasonably thought it had not violated the rules, a court may lower the damages to the amounts and interest set by law.