(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 during the five-week period before
the end of a term because of the birth of a son or daughter; the
placement of a son or daughter for adoption or foster care; to care
for a spouse, son, daughter, or parent with a serious health condition;
or to care for a covered servicemember. 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 during the three-week period before
the end of a term because of the birth of a son or daughter; the
placement of a son or daughter for adoption or foster care; to care for
a spouse, son, daughter, or parent with a serious health condition; or
to care for a covered servicemember. The employer may require the
employee to continue taking leave until the end of the term if the
leave will last more than five working days.
(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.
[73 FR 68108, Nov. 17, 2008]
