[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR825.600]



[Page 789-790]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents

 

       Subpart F_What Special Rules Apply to Employees of Schools?

 

Sec.  825.600  To whom do the special rules apply?





    (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



[[Page 790]]



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.