Leave of Absence Process and Procedures
If you are going to be out of work, even if you have enough paid time available to cover your absence, you must complete paperwork to request a leave of absence. If you fail to follow the correct Leave Procedures, your pay and benefits may be affected.
What types of leaves are available?
- Medical Leave
- Family Leave—Care for a child, spouse, or parent with a serious health condition
- Military Family Medical Leave Act (FMLA) Leave
- Adoption of a Child
- Child Rearing Leave—Unpaid
- Military Leave
- Educational Leave—Unpaid
- Professional Leave
- Religious Observation Leave—Unpaid
Whether employees are paid during leave depends on the type of leave they are taking, available paid time they may have accrued, and their eligibility.
Employees who are unable to work due to a serious medical condition may request Medical Leave of Absence. Employees who work in positions that accrue sick leave or who are eligible for leave under FMLA will qualify for Medical Leave with or without pay. Medical Leave is granted only for employees’ serious health conditions. Employees may not take Medical Leave to care for family members. (See Family Leave below.) For employees who qualify for FMLA in addition to Medical Leave, the two types of leave will run concurrently.
Family Leave—Care for a Family Member
Employees may qualify for Family Leave to assist an immediate family member with a serious medical condition. Employees ineligible for FMLA Leave may be eligible for Family Leave. Immediate family is defined as a spouse, children (including step-children), parents, and a spouse’s parents without regard to the location of the relatives' residence. Employees who qualify may apply their Sick Leave toward their Family Leave. For employees who qualify for FMLA in addition to Family Leave, the two types of leave will run concurrently.
Adoption/Child Rearing Leave Without Pay
Employees may take up to two years of leave after the birth or adoption of a child—from the date of birth or adoption. An employee presenting the required evidence will, upon request, be granted an unpaid leave of absence necessary to meet child adoption requirements and for the purpose of rearing the preschool child or children. Single Adoption/Child Rearing Leave will be granted for a period of no less than 30 days and no more than 2 consecutive work years or major portions of them, upon written request by the employee. For employees who qualify for FMLA in addition to parental leave, the two types of leave will run concurrently.
Qualifying Exigency Leave
A qualifying exigency occurs when an employee’s spouse, son, daughter, or parent who is a member of the National Guard or Reserves is on active duty or has been called to active duty in support of a contingency operation. The reasons an employee may take leave because of a qualifying exigency are divided into seven general categories:
- Short-notice deployment
- Military events and related activities
- Childcare and school activities
- Financial and legal arrangements
- Rest and recuperation
- Post-deployment activities
Military Caregiver Leave
Eligible employees who are the spouse, son, daughter, parent, or next of kin of a covered service member will be entitled to leave in order to care for a service member who has a serious injury or illness incurred on active duty (and in the line of duty) for which they are undergoing medical treatment, recuperation, or therapy; are otherwise in outpatient status; or are on the temporary disability retired list.
Full- and part-time permanent employees who are called into active duty or active duty training may be eligible for Military Leave. Employees must provide copies of orders for Military Leaves to be processed. Employees’ rights to Military Leave are provided and protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and other applicable federal and state laws.
In some cases, requests for Educational Leave may be granted so employees can obtain additional education that will benefit them and JCPS. Employees must submit written requests before the course or program begins. Proof of enrollment and course of study must be attached to the request for leave.
Some employees serving in specific capacities with state or local organizations may request a Professional Leave of Absence. Such leaves must be approved prior to travel and prior to the beginning of the term of service, and some cases may require the superintendent's approval. Professional leave is also required when traveling on district business, using district funds for approved conferences or events, and other similar circumstances. Professional Leave must be approved prior to traveling. More information.
Religious Observation Leave
An employee may wish to take an unpaid day to observe a religious holiday. The request must be submitted and approved to the Leave Center prior to taking days off. To apply, fill out the Religious Observation Leave (PDF).