Services to Support OUSD Employees with
Family Medical Leave Act (FMLA) and
California Family Rights Act (CFRA)OUSD's Leave Coordinator is here to support employees who are faced with the need to be off of work for an extended period.Under the Family Medical Leave Act (FMLA), if you have more than 12 months of service with OUSD and have worked at least 1,250 hours in the 12 month period before the date you want to begin your unpaid, job-protected leave for specified family and medical reasons such as;
- Employee’s own illness
- Illness of a spouse, parent or child
- Pregnancy Disability Leave and recovery from birth
- Military Leave
Under the California Family Rights Act (CFRA) also known as ‘parental bonding’, if you have more than 12 months of service with OUSD before the date you want to begin your leave, you may have a right to take unpaid, job-protected leave (CFRA leave). This leave may be up to 12 workweeks in a 12-month period for the birth, adoption, or foster care placement of your child.
Even if you are not eligible for CFRA Leave, if you are disabled by pregnancy, childbirth or a related medical condition, you are entitled to take a pregnancy disability leave to up to four months, depending on your period(s) of actual disability. If you are CFRA-eligible, you have certain rights to take BOTH a pregnancy disability leave and CFRA leave for reason of the birth of your child. Both leave contain a guarantee of reinstatement – for pregnancy disability it is to the same position and for CFRA it is to the same or a comparable position – at the end of the leave, subject to any defense allowed under the law.
If applicable, you may choose (or the District may require you) to use accrued paid leave such as sick leave, vacation/non-schedule (if applicable), or personal leave), concurrently with some or all of your FMLA/CFRA leave. A detailed explanation of substituting paid leave is outlined on page 3 of the FMLA/CFRA application.
OUSD requires certification from your licensed health care provider before allowing you a leave for pregnancy disability or for your own serious health condition. OUSD also requires certification from a licensed health provider of your child, parent or spouse, who has a serious health condition, before allowing you a leave to care for that family member. When medically necessary, leave may be taken on an intermittent or reduced work schedule. A Licensed Healthcare Provider Certification can be found on page 11 of the FMLA/CFRA application.
How do I apply for Family Medical Leave Act (FMLA)
and/or California Family Rights Act (CFRA)?
STEP 1: Request to schedule a conference call to discuss your leave options, how your leave may affect your salary, benefits, leaves available and language on the medical note that you will be required to submit to demonstrate the need for the leave.
STEP 2: Upon receipt of a medical note stating the start and end dates of the leave, you may request an in-person meeting with the Leave Coordinator to complete FMLA paperwork together.
(Note - If the leave request is for pregnancy, a licensed health provider-recommended start date for your pregnancy disability leave and due date is required.
- If the need for leave is for “parental bonding”, only the due date is required).
Contact our office510-879-0202 - ph510-879-0228 - fax1000 Broadway, Suite 295Oakland CA 94607