(a) There are also different rules for instructional employees who
begin leave more than five weeks before the end of a term, less than
five weeks before the end of a term, and less than three weeks before
the end of a term. Regular rules apply except in circumstances when:
(1) An instructional employee begins leave more than five weeks
before the end of a term. The employer may require the employee to
continue taking leave until the end of the term if--
(i) The leave will last at least three weeks, and
(ii) The employee would return to work during the three-week period
before the end of the term.
(2) The employee begins leave for a purpose other than the
employee's own serious health condition during the five-week period
before the end of a term. The employer may require the employee to
continue taking leave until the end of the term if--
(i) The leave will last more than two weeks, and
(ii) The employee would return to work during the two-week period
before the end of the term.
(3) The employee begins leave for a purpose other than the
employee's own serious health condition during the three-week period
before the end of a term, and the leave will last more than five working
days. The employer may require the employee to continue taking leave
until the end of the term.
(b) For purposes of these provisions, ``academic term'' means the
school semester, which typically ends near the end of the calendar year
and the end of spring each school year. In no case may a school have
more than two academic terms or semesters each year for purposes of
FMLA. An example of leave falling within these provisions would be where
an employee plans two weeks of leave to care for a family member which
will begin three weeks before the end of the term. In that situation,
the employer could require the employee to stay out on leave until the
end of the term.
