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Frequently Asked Questions

Active Employees

Leave of Absence

  • What is my entitlement under the Family Medical Leave Act?

    If you are an “eligible” employee, you are entitled up to twelve (12) workweeks of leave in a 12-month period for one or more of the following reasons:

    • for the birth of a son or daughter, and to care for a newborn child;
    • or the placement with the employee of a child for adoption or foster care, and to care for the newly placed child;
    • to care for an immediate family member (spouse, child, or parent) with a serious health condition; and
    • if the employee is unable to work due to a serious health condition.

    Spouses employed by the District may be limited to a combined total of 12 workweeks of family leave for the following reasons:

    • birth and care of a child;
    • for the placement of a child for adoption or foster care, and to care for the newly placed child; and
    •  to care for an employee's parent who has a serious health condition.

  • What is the definition of a serious health condition?

    A “serious health condition” is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. The “continuing treatment” for a serious health condition that qualifies for FMLA leave is:

    1) A period of incapacity of more than three consecutive full calendar days plus treatment by a health care provider twice, or once with a continuing regimen of treatment;

    2)  Any period of incapacity related to pregnancy or for prenatal care;

    3)  Any period of incapacity or treatment for a chronic serious health condition;

    4) A period of incapacity for permanent or long-term conditions for which treatment may not be effective;

    5) Any period of incapacity to receive multiple treatments (including recovery from treatments for restorative surgery, or for a condition which would likely result in incapacity of more than three consecutive full calendar days absent for medical treatment).

  • Which employees are eligible to take FMLA leave?

    Employees are eligible to take FMLA leave if they have worked for the district for at least one (1) year and have 1,250 hours of service in the previous 12 months.

    Generally, part-time employees are not eligible for FMLA leave due to the 1,250-hour eligibility requirement. Part-time employees may qualify for FLMA leave by working overtime, additional work assignments, etc. Request for time off work for part-time employees should be addressed with the supervisor/manager and approval may be granted at the discretion of the supervisor/manager.

  • What is a “rolling” 12-month period?

    The rolling 12-month period is measured backwards beginning with the date the employee uses FMLA leave.

    Example: An employee takes time off work due to the birth of a child in May. The leave period taken is for 12 weeks. In November, the employee is scheduled for surgery. The request for leave in November will not be counted towards FMLA due to the 12 weeks entitlement previously used during the leave in May.

  • Can leave be taken to care for children of any age?

    FMLA leave is only available to care for a child under the age of 18 years or older with a disability where the child is unable to perform activities of daily living without assistance. An eligible employee covered by Military Family Leave can take the leave to care for spouse, son, daughter, parent, or next of kin.

  • Can leave for childbirth or adoption be taken at any time?

    Leave must be taken within 12 months after the birth or placement for adoption or foster care. In many circumstances, however, the leave may start before the birth or placement for adoption, such as leave needed for pre-natal care or for home studies in connection with an adoption.

  • May I take additional time off work to bond with my new born?

    You must submit a request in writing to your designated Leave Administrator indicating the actual date you will be returning back to work. The request for bonding time must be submitted with the initial leave request. 

  • Can the District deny Family Medical Leave?

    The following reasons would apply:

    • If you do not meet the eligibility requirements
    • Employees who give unequivocal notice that they do not intend to return to work lose their entitlement to FMLA leave.
    • Employees who are unable to return to work and have exhausted their 12 weeks of FMLA leave in the designated "12-month period" no longer have FMLA protections of leave or job restoration.

  • How can I be compensated during my approved Leave of Absence?

    Employees will use accrued sick time to cover the FMLA leave taken.

     

    If applicable, employees are required to request the use of any accrued vacation/personal days at the beginning of the approved leave. Accrued sick/vacation/personal time will be exhausted before unpaid leave can be taken.

     

    If a recognized holiday falls during an employee’s paid absence, holiday pay will be received. Employees eligible for paid holidays must be in paid status (available sick/vacation/personal) the last scheduled workday preceding the holiday and the first scheduled workday following the holiday.

  • Will my salary be affected during my approved Leave of Absence?

    (Excluding 12-month salaried and hourly employees) 

    Any person employed by the district in a position requiring a license issued by the TN State Department of Education will receive a recalculated salary when returning to work from unpaid leave.  The salary recalculation is based on the number of scheduled work days and pay periods remaining in the school year. (Ex. Teacher, Counselor, Psychologist, Librarian)

  • What is considered reasonable notice before taking FMLA leave?

    When the need for leave is foreseeable based on the expected birth, placement for adoption or foster care, or planned medical treatment, an employee must give at least thirty (30) days notice. When the need for leave is unforeseeable, employees are required to provide reasonable notice. 

  • What happens if the 30 days' notice is not provided?

    Where leave is foreseeable and there is no reasonable excuse for not giving 30 days' notice, the employer can deny FMLA leave, and presumably apply its other policies, for up to 30 days after the notice is provided.

  • May I extend my medical leave?

    The employee will be required to submit an updated Certification of Healthcare Provider Form completed by the attending physician to the Benefits office.  The request for extension must be submitted five (5) days prior to the expiration of the initial leave request.

  • What paperwork is required before returning back to work?

    You must report to the Office of Employee Benefits five (5) business days prior to the end of your approved leave of absence. The reinstatement form must be signed by the Leave Administrator upon returning back to work. Failure to comply may result in a delay of the processing of your leave return which could affect your paycheck or employment status.

  • Do I pay for my insurance out of pocket while on unpaid leave?

    Yes, if you are on an unpaid leave, you will receive a monthly invoice for medical, dental, vision, basic life and long-term disability until your return to active employment.

  • When am I required to submit leave of absence paperwork?

    If you are absent or expecting to be absent for ten (10) consecutive days or more, you are required to file leave of absence paperwork.

  • What if I’m absent consecutively less than 10 days? What should I do?

    Consecutive absences of nine (9) days or less will be handled by your Administrator/Supervisor.  You will be required to submit supporting documentation supporting your absences. Failure to provide supporting documentation for any absences will result in further disciplinary action.

  • When I submit my leave paperwork, how long will it take for a response?

    The designated Leave Administrator will notify the employee of FMLA eligibility within five (5) business days of the employee requesting leave.

  • How long can I be on an approved leave of absence?

    The total period of leave will not exceed one (1) year.  FMLA provides up to twelve (12) weeks of job-protected leave.  Additional leave beyond twelve (12) weeks may be granted; however, the absences will be Non-FMLA.

  • Where can I get the leave of absence papers?

    The Leave of Absence packets are available in the Office of Employee Benefits, Room 108 or online at http://www.scsk12.org/uf/benefits. Please submit the original documents.

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