This document outlines special FMLA rules for teachers regarding vacation days, leave near the end of an academic term, and limitations on leave. It states that vacation days teachers are not expected to work do not count against their FMLA leave entitlement. It also details how schools can require teachers to continue leave until the end of a term if the leave starts within 5 weeks (or 2 weeks for certain circumstances) of the term's end. Finally, it specifies that only the period of leave until a teacher is ready to return counts against their FMLA entitlement if required to take leave until the end of a term.

1. Special FMLA Rules for
Teachers

2. Vacation
If a teacher is not expected to report for work for
one or more weeks (e.g. , a school closing two
weeks for the Christmas/New Year holiday or the
summer), these days do not count against the
teacher’s FMLA leave entitlement.

3. For example, if you give birth to
a child in July then your twelve-
week maternity FMLA leave
cannot start until the school year
commences in September.

4. Limitation on Leave Near the End of an
Academic Term
If an teacher begins leave more than five
weeks before the end of a term, the school
may require the teacher to continue taking leave
until the end of the term if:
The leave will last at least three weeks, and
The employee would return to work during the
three-week period before the end of the term.

5. For example, if you were a high
school teacher and you took a three
week FMLA leave for illness during
the second semester in April, the
school could require you to continue
to take your leave through to the end
of the semester should you seek to
return to work during the final three
weeks of the semester

6. Limitation on Leave Near the End of an
Academic Term
If the teacher begins leave during the five-week period before the
end of a term because of the birth of a child; the placement of a child
for adoption or foster care; to care for a spouse, son, daughter, or
parent with a serious health condition; or to care for a covered
service member, the school may require the employee to continue
taking leave until the end of the term if:
 The leave will last more than two weeks, and
 The employee would return to work during the two-week period
before the end of the term.

7. For example, if your spouse had emergency
surgery at the end of May and you took a
FMLA leave to care for your spouse for two
weeks then the school may require you to
continue to take leave until the end of the
academic term.

8. Importantly, in the case of a teacher who is required to
take leave until the end of an academic term by the school
district:
Only the period of leave until the employee is ready and
able to return to work shall be charged against the
employee's FMLA leave entitlement.
Therefore, any additional leave required by the
employer to the end of the school term is not counted as
FMLA leave
The district to maintain the teacher's group health
insurance and restore the employee to the same or
equivalent job including other benefits at the conclusion
of the leave.