Leave of Absence & Family Medical Leave
These procedures are intended to confirm current practice. If the provisions of these procedures conflict with an applicable collective bargaining agreement, the collective bargaining agreement shall govern. The Board of Education Policy 6550 provides detailed information regarding leave of absence for District employees.
This procedure shall apply to all Buffalo Public School employees requesting paid time away from work in excess of twenty workdays (excluding pre-approved, paid vacation time) or any unpaid time off of one full day or more.
The purpose of this procedure is to ensure that every attempt is made to treat all covered employees as described above consistently with regard to requests for and granting of leaves of absence.
Buffalo Public Schools provides all employees with the opportunity to apply for time away from work for reasons as described below.
For purposes of this procedure, a leave of absence (LOA) is defined as any approved unpaid absence from work of one full workday or more, or a paid absence in excess of twenty workdays (excluding pre-approved, paid vacation time). A leave of absence may be consecutive or intermittent.
In all cases, such time off will be approved in compliance with applicable Federal and State laws, relevant Collective Bargaining Agreements (CBA), the operating needs of the Buffalo Public Schools, and the nature and reason for the request. Listed below are the steps to follow when requesting a leave of absence.
1. Review the type of leave you would like to take based on your CBA options. Click the appropriate link below to view specific CBA options.
2. Complete the Leave of Absence Request form.
2b. Print and complete top portion of the form.
3. Forward the completed and signed form and other supporting documentation to the Human Resources Department at Room 719 City Hall, Buffalo, NY 14202.
4. If necessary, FMLA paperwork can be found below to complete and return, along with medical documentation or other paperwork, within the requested time to certify the leave request.
5. Notify the Human Resources Department of your intent to return to work at least two weeks prior to the expiration of the leave.
6. It is the responsibility of the employee to manage and submit required documentation in a timely manner to maintain their approved leave of absence.
7. Upon the expiration of the leave, forward a return to work notification (medical clearance) to the Human Resources Department at Room 719 City Hall, Buffalo, NY 14202.
All paperwork associated with LOAs can be e-mailed to Human Resources Department at HRLeaves@buffaloschools.org
or faxed to
716-851-3935 (Civil Service)
Family Medical Leave Act (FMLA)
This information was provided by the U.S. Department of Labor, https://www.dol.gov/whd/fmla/
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
- A total of twelve (12) work weeks or 480 hours of leave in a rolling 12-month period for:
- the birth of a child and to care for the newborn child within one (1) year of birth;
- the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one (1) year of placement;
- to care for the employee’s spouse, child, or parent who has a serious health condition;
- a serious health condition that makes the employee unable to perform the essential functions of his or her job;
- any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
- Twenty-six (26) work weeks or 1040 hours of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
FMLA eligibility requires the following criteria:
- The employee must have been employed with the company for 12 months
- The employee must have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave request.
- Buffalo Public Schools utilizes a “rolling” 12-month period measured backwards. For more information visit 12-month period under the Family and Medical Leave Act
- Employers are required to give FMLA eligibility notice after requests for FMLA leave or knowledge of qualifying reasons for leave within five business days.
The Department of Labor site includes multiple fact sheets that can answer questions that you may have about FMLA, https://www.dol.gov/whd/fmla/fact_sheets.htm, including but not limited to:
- Qualifying Reasons for Leave under the Family and Medical Leave Act
- FMLA leave for birth, placement, bonding, or to care for a child with a serious health condition on the basis of an “in loco
- Leave to care for a parent with a serious health condition
- Military Family Leave
- Military Caregiver Leave for a Current Servicemember under the Family and Medical Leave Act
- Break time for nursing mothers
- Employee notice requirements
The most common form to apply for FMLA can be found here: FMLA Health Care Provider Form
All FMLA forms can be obtained by going to https://www.dol.gov/whd/fmla/forms.htm
Completed LOA and FMLA forms can be e-mailed to Human Resources Department at HRLeaves@buffaloschools.org
or faxed to
716-851-3935 (Civil Service)