A:It depends. Under certain circumstances (such as are described in this question), schools have the right under FMLA to control the return to the classroom of instructional personnel when the return is scheduled for the last several weeks of the semester. This is in recognition of the disruption to student learning that can occur due to frequent change of instructors. More information regarding this provision of FMLA is available on the Department of Labor Web site.
Updated regulations concerning the administration and interpretation of FMLA provisions were issued earlier this year. Schools should always consult with their employment law counsel when responding to employees' FMLA needs.
