(a) Certain special rules apply to employees of ``local educational
agencies,'' including public school boards and elementary and secondary
schools under their jurisdiction, and private elementary and secondary
schools. The special rules do not apply to other kinds of educational
institutions, such as colleges and universities, trade schools, and
preschools.
(b) Educational institutions are covered by FMLA (and these special
rules) and the Act's 50-employee coverage test does not apply. The usual
requirements for employees to be ``eligible'' do apply, however,
including employment at a worksite where at least 50 employees are
employed within 75 miles. For example, employees of a rural school would
not be eligible for FMLA leave if the school has fewer than 50 employees
and there are no other schools under the jurisdiction of the same
employer (usually, a school board) within 75 miles.
(c) The special rules affect the taking of intermittent leave or
leave on a reduced leave schedule, or leave near the end of an academic
term (semester), by instructional employees. ``Instructional employees''
are those whose principal function is to teach and instruct students in
a class, a small group, or an individual setting. This term includes not
only teachers, but also athletic coaches, driving instructors, and
special education assistants such as signers for the hearing impaired.
It does not include, and the special rules do not apply to, teacher
assistants or aides who do not have as their principal job actual
teaching or instructing, nor does it include auxiliary personnel such as
counselors, psychologists, or curriculum specialists. It also does not
include cafeteria workers, maintenance workers, or bus drivers.
(d) Special rules which apply to restoration to an equivalent
position apply to all employees of local educational agencies.
