How FMLA Rules Apply to Teachers and School Employees

Most teachers and school employees are covered by the Family and Medical Leave Act (FMLA), which provides job-protected leave for family or medical reasons.

However, due to the school calendar and classroom responsibilities, special rules apply, especially for instructional staff such as teachers, athletic coaches, and certain instructors.

Here’s what you need to know.

Eligibility for FMLA Leave

The eligibility requirements for school employees are generally the same as for other workers. You may qualify for FMLA leave if:

• You’ve worked for your school for at least 12 months
• You’ve logged at least 1,250 hours in the past year
• You work at a site with 50 or more employees within 75 miles

If eligible, the FMLA protects your right to take time off for reasons like:

• Birth or placement of a child for adoption or foster care
• Caring for a spouse, child, or parent with a serious health condition
• Managing your own serious health condition
• Handling qualifying needs related to a family member’s military service

FMLA leave is typically unpaid, but you may be able to use it alongside any paid leave benefits your school offers.

Special FMLA Rules for Instructional Employees

Certain rules apply specifically to instructional employees — those whose primary duty is teaching or instructing students.

Examples of instructional employees include:

• Classroom teachers
• Athletic coaches
• Driving instructors
• Some special education assistants.

However, non-instructional staff, such as counselors, bus drivers, cafeteria workers, and maintenance employees, are not subject to these special rules.

Taking FMLA Leave in Smaller Chunks

Instructional employees can take FMLA leave on an intermittent or reduced schedule if medically necessary or for military-related reasons.

However, if the planned leave would cover 20% or more of the workdays in the leave period, the school has a few options:

• Require the employee to take leave continuously for a set period, or
• Transfer the employee to a temporary position that better accommodates the schedule

Important:

• You must receive the same pay and benefits during this temporary assignment
• Once leave ends, you must be restored to your original job (or an equivalent one)

This rule applies only when the leave is foreseeable, such as planned medical treatments or parental bonding time.

Emergencies generally do not trigger this adjustment.

Summer Break and FMLA Leave

If FMLA leave runs into a scheduled school break (like summer vacation), the break does not count against your 12-week FMLA entitlement.

• You’ll still have any unused FMLA time available when school resumes.
• You’ll also retain any health benefits you had at the start of the break.

FMLA Leave Near the End of the School Year

If you start FMLA leave close to the end of an academic term, the school may be allowed to extend your leave through the end of the term, even if you would have been ready to return earlier.

The decision depends on factors like:

• How much time is left in the school term
• The reason for the leave
• How long the leave is scheduled to last

Important points:

• If the school extends your leave, extra days cannot be counted against your 12-week FMLA entitlement.
• Your health benefits must continue during the extended leave.
• You must be restored to your original or an equivalent position upon return.

Note:

If your leave is related to pregnancy, and state laws offer greater protections, the school must follow the stricter state laws rather than extend the leave.

Returning to Work After FMLA Leave

When your FMLA leave ends, you have the right to return to:

• Your original job, or
• An equivalent position with similar pay, benefits, and responsibilities.

If your school has policies or collective bargaining agreements regarding FMLA reinstatement, they must:

• Be in writing
• Be shared with you before you take leave
• Offer protections that are at least as strong as the FMLA
• Not impose new conditions (such as requiring additional certifications) for your return

Additional Things to Know About FMLA and School Employees

• Your school may require medical certification for leave taken due to serious health conditions.
• It is illegal for an employer to retaliate against you for using FMLA rights.
• If your state laws provide stronger leave protections or additional benefits, you are entitled to use them.

Need Help Dealing With FMLA Violations?

If you believe your FMLA rights have been violated, whether you’ve been denied leave, retaliated against, or faced unfair treatment, you don't have to face it alone.

Consider submitting your case to the employment team at Morgan & Morgan for a free review. We may be able to help hold your employer accountable.  

This information is based on fact sheets provided by the DOL.