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HCPSS / POLICIES

Policy 7100 – Family and Medical Leave

The purpose of this policy is to ensure the implementation of the Family and Medical Leave Act of 1993 (FMLA). FMLA provides job-protected leave from work for qualifying family and medical reasons. The continuation of group health benefits under the same conditions as if an employee had not taken leave is required. FMLA requires that employees be restored to the same or similar position when they return to work after FMLA leave.

Policy Document

Implementation Procedures

I. Policy Value Statement

The Board of Education of Howard County (Board) recognizes its legal obligation to provide leave in compliance with the Family and Medical Leave Act of 1993 (FMLA).

II. Purpose

The purpose of this policy is to ensure the implementation of the Family and Medical Leave Act of 1993 (FMLA). FMLA provides job-protected leave from work for qualifying family and medical reasons. The continuation of group health benefits under the same conditions as if an employee had not taken leave is required. FMLA requires that employees be restored to the same or similar position when they return to work after FMLA leave.

III. Standards

  1. Under the Family and Medical Leave Act (FMLA) up to 12 weeks of leave in a 12-month period may be granted to an eligible Howard County Public School System (HCPSS) employee for:

    1. The employee’s own serious health condition that renders the employee unable to perform the functions of the employee’s position or job.

    2. The care for a spouse, child, or parent who has a serious health condition.

    3. The birth of the employee’s child, adoption of a child by the employee, or the placement of a foster child with the employee, and to bond with the child within one year of birth, adoption, or placement.

  2. The National Defense Authorization Act of FY 2008 amends the FMLA Act of 1993 to provide the following Military Family Leave:

    1. Up to 26 weeks of leave in a single 12-month period for eligible HCPSS employees to care for a covered service member who has a serious injury or illness incurred during the line of duty on active duty.

    2. Up to 12 weeks of leave entitlement to address certain exigencies for eligible HCPSS employees with a spouse, son, daughter, or parent on active duty or call to active duty.

  3. When the Maryland Time to Care Act takes effect, HCPSS will integrate FMLA requirements to align with the new law, current practices, and negotiated agreements.

IV. Responsibilities

The Superintendent/designee will ensure that the provisions of this policy are followed.

V. Delegation of Authority

The Superintendent is authorized to develop appropriate procedures for the implementation this policy within the limits set forth by this policy.

VI. Definitions

Within the context of this policy, the following definitions apply:

  1. Child – A biological, adopted, or foster child, stepchild, a legal ward, or child of a person standing in loco parentis who is under age 18, unless he or she is incapable of self-care due to mental or physical disability.

  2. Eligible Employee – An employee who has been employed HCPSS for at least 12 months and had worked the minimum number of required hours with HCPSS during the 12-month period immediately preceding the commencement of the leave.

  3. Employment Benefits – All benefits provided to HCPSS employees, which may include group life insurance, health insurance, sick leave, personal leave, or annual leave as referred to in the negotiated agreements.

  4. Family and Medical Leave – Leave with or without pay granted to an eligible HCPSS employee in compliance with federal regulations and guidelines.

  5. HCPSS Employee – An individual who is a permanent or temporary employee of the HCPSS whose compensation is paid in whole or part by the Board, including but not limited to, school-based administrators, teachers, substitute teachers, paraeducators, and other school-based and Central Office Support staff.

  6. Military Family Leave – Leave with or without pay granted to an eligible HCPSS employee in compliance with the National Defense Authorization Act for FY 2008.

  7. Serious Health Condition – An illness, injury, impairment, physical or mental condition that involves:

    1. Any period of incapacity or treatment in connection with inpatient care (an overnight stay) in a hospital, hospice, or residential medical care facility; or

    2. Any period of incapacity requiring absence from work, school, or other regular daily activities of more than three calendar days that involves continuing treatment by, or under the supervision of, a health care provider; or

    3. Continuing treatment by, or under the supervision of, a health care provider for a chronic or long-term health condition that is incurable or so serious that, if untreated, would likely result in a period of incapacity of more than three calendar days; or

    4. Pregnancy (including prenatal medical appointments, incapacity due to morning sickness, medically required bedrest, and other conditions outlined by the Pregnancy Fairness Workers Act).

  8. Spouse – A person who is legally married to another person and the legal rights and responsibilities to come with marriage.

  9. Twelve-month Period – A twelve-month period measured forward from the first date a HCPSS employee takes FMLA leave.

VII. References

A. Legal

  • Public Law 103-3, 107 Stat. 6 (29 U.S.C. 2601 et seq.), Family and Medical Leave Act of 1993

  • Public Law 110-181, Section 585(a), the National Defense Authorization Act for FY 2008 (NDAA)

B. Board Policies

C. Relevant Data Sources

  • Dol.gov/agencies/whd/fmla[]

D. Other

  • Master Agreement Between the Board of Education and the American Federation of State, County and Municipal Employees (AFSCME)

  • Master Agreement Between the Board of Education and the Howard County Association of Supervisors and Administrators (HCASA)

  • Master Agreement Between the Board of Education and the Howard County Association of Supervisors and Administrators - Non-Certificated Supervisory (HCASA-NCS)

  • Master Agreement Between the Board of Education and the Howard County Education Association (HCEA)

  • Master Agreement Between the Board of Education and the Howard County Education Association - Educational Support Professionals (ESP)

  • Howard County Public School System Benefits Enrollment Guide for Active Employees

VIII. History

ADOPTED: April 14, 1994

REVIEWED: July 1, 2015

MODIFIED:

  • May 11, 2021

  • February 13, 2025

REVISED: February 12, 2009

EFFECTIVE: February 13, 2025

Policy History Key

  • Adopted-Original date the Board took action to approve a policy
  • Reviewed-The date the status of a policy was assessed by the Superintendent’s Standing Policy Group
  • Modified-The date the Board took action to alter a policy that based on the recommendation of the Superintendent/designee did not require a comprehensive examination
  • Revised-The date the Board took action on a that policy based on the recommendation of the Superintendent/designee needed a comprehensive examination
  • Effective-The date a policy is implemented throughout the HCPSS, typically July 1 following Board action.