FAMILY AND MEDICAL LEAVE ACT

Richard A. Schwartz

Schwartz Law P.L.L.C.

19 West Hargett Street, Suite 1000

Raleigh, NC 27601

(919)-821-9011​

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© 2023 Schwartz Law P.L.L.C.

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PANC

Fall Conference

Asheville, NC

October 11, 2023

FMLA

You may need to know about the Family and Medical Leave Act (FMLA) if:

• An employee wants time off one or two days a week to take care of their spouse/child/parent with a debilitating health condition.
• An employee is diagnosed with shingles and will miss at least three weeks of work.
• An employee is requesting time off for surgery and follow-up treatment and therapy.
• An employee’s spouse/child/parent has been hospitalized and the employee requests leave.
• An employee requests leave due to severe seasonal allergies, but only when the pollen count is above 9.7.

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FMLA

You may need to know about the Family and Medical Leave Act (FMLA) if: (cont.)

• An employee requests time off on days when they get migraines.
• An employee requests intermittent leave time for dialysis appointments.
• An employee with cancer needs leave time for chemo treatments and the two days following for recovery.
• An employee requests time off to bond with his newborn baby and care for his spouse following a difficult birth.
• An employee needs time off to make childcare arrangements following a spouse’s sudden deployment.

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THE FAMILY AND MEDICAL LEAVE ACT OF 1993 (FMLA) AS AMENDED, ALLOWS ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WORKWEEKS OF UNPAID, JOB PROTECTED LEAVE

IN A 12-MONTH PERIOD

FMLA BASICS

• Who is entitled?
• When is leave available?
• How much leave is available?

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WHO IS ENTITLED?

• Eligible employees
• Have worked for employer for at least 12 months (does not have to be consecutive)
• Have at least 1,250 hours of service during the 12 months immediately preceding the leave
• Employment periods prior to a break of seven years or more need not be counted

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AMOUNT OF LEAVE REQUIRED

• Unpaid leave up to 12 work weeks in a 12-month period.
• Summer break is not counted towards the 12 weeks of leave time.
• May be intermittent.
• Holidays count towards FMLA entitlement if they occur during a full week of designated leave.
• During a partial week do not count unless the employee was otherwise expected to work during the holiday (e.g., the employee takes FMLA leave on three days prior to Thanksgiving and the school is closed Thursday and Friday – don’t count Thursday and Friday as FMLA leave.
• If the school closes for one or more weeks, the days the school is closed do not count (e.g., summer break, Christmas holiday, fall break).
• Time that an employee is not scheduled to report for work may not be counted as FMLA leave.
• Employer may require employee to use accrued paid leave.
• Employee may choose to use accrued paid leave, depending on and in compliance with the employer’s normal leave policy.
• Accrued paid leave runs concurrently with FMLA leave.

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REASONS TO REQUEST LEAVE UNDER FMLA

The birth of a child and to care for the child

Placement of a child with the employee for adoption or foster care

Care for spouse, child, or parent of employee if such relative has a serious health condition

A serious health condition of the employee such that the employee cannot perform the functions of his/her position

Military family leave

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BIRTH OR PLACEMENT OF A CHILD

• Both mother and father entitled to leave
• Includes the birth, placement, and “bonding time” after birth or placement
• May take FMLA prior to birth, placement, or adoption
• Leave must be completed by the end of the 12-month period beginning on date of birth or placement

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WHO QUALIFIES AS A FAMILY MEMBER?

PARENT

• Biological, adoptive, step, or foster mother or father, or an individual who was in loco parentis to the employee
• In-laws not included

SPOUSE

• A partner joined in a marriage recognized by the State of North Carolina
• Includes same-sex and common law marriage

SON OR DAUGHTER

• Biological, adopted, foster child, stepchild, or legal ward, who is under 18, or 18 or older and incapable of self-care due to a mental or physical disability
• Includes a child of an employee standing in loco parentis

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WHAT QUALIFIES AS A SERIOUS HEALTH CONDITION?

• Illness, injury, impairment, or physical or mental condition involving:
• Inpatient care, or
• Continuing treatment by a health care provider
• Pregnancy
• Chronic conditions
• Permanent/long term conditions
• Absence to receive multiple treatments

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CONTINUING TREATMENT BY A HEALTH CARE PROVIDER

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• Involves
• A period of incapacity of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition.
• Any period of incapacity due to pregnancy or for prenatal care, even when the employee or family member does not receive treatment from a health care provider during the absence and even if the absence does not last more than three days.
• Any period of incapacity or treatment due to a “chronic serious health condition” even when the employee or family member does not receive treatment from a health care provider during the absence and even if the absence does not last more than three days.
• e.g., Asthma, diabetes, epilepsy - continuing, periodic, or episodic conditions.
• Incapacity for a permanent or long-term condition for which treatment may not be effective.
• e.g., Alzheimer’s, severe stroke, terminal states of a disease.
• Multiple treatments for restorative surgery or incapacity for serious conditions that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical treatment.
• Chemotherapy, radiation, dialysis.

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“TREATMENT”

MAY INCLUDE (ALL OTHER CONDITIONS MUST BE MET)

• Examinations to determine if a serious health condition exists
• Evaluations of the condition
• Restorative dental or plastic surgery after an injury or removal of cancerous growths
• Mental illness resulting from stress or allergies (e.g., mold)
• Treatment from substance abuse

DOES NOT INCLUDE

• Routine physical examinations, eye examinations, or dental examinations
• Common cold
• Flu
• Earaches
• Upset stomach
• Minor ulcers
• Headaches other than migraines
• Routine dental/orthodontia problems
• Periodontal disease
• Cosmetic treatments

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MILITARY FAMILY LEAVE

• Twenty-six work weeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s
• Spouse
• Son
• Daughter
• Parent
• Next of kin
• Serious injury or illness: an injury or illness incurred by the member in line of duty on active duty in the Uniformed Services or of an existing or pre-existing injury that may render the member medically unfit to perform the duties of the member’s office, grade, rank or rating.

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COVERED ACTIVE DUTY

• Covered active duty: must be on active duty or under an impending call to active duty
• For a member of the Regular Armed Forces, duty during deployment with the Armed Forces to a foreign country
• For a member of the National Guard or Reserves, duty during deployment with the Armed Forces to a foreign county under a call or order to active duty in support of a contingency operation

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COVERED INDIVIDUALS FOR MILITARY LEAVE

• For exigency leave: employee’s spouse, son, daughter, or parent, who is a member of any branch of the Armed Forces who was deployed or called to active duty in a foreign country
• For military caregiver leave: member or veteran of any branch of the military who sustained a serious injury or illness while on active duty.
• Undergoing medical treatment, recuperation, or therapy, in outpatient status, or otherwise on the temporary disability retired list
• Must have received treatment for the injury or illness within the past 5 years

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EXIGENCY LEAVE ALLOWED FOR

CALL OR ORDER SEVEN OR LESS CALENDAR DAYS PRIOR TO DATE OF DEPLOYMENT

NEED ARISES FROM THE ACTIVE DUTY

OFFICIAL CEREMONY, PROGRAM, OR EVENT SPONSORED BY MILITARY

UP TO FIVE DAYS FOR EACH INSTANCE OF COVERED MILITARY MEMBER’S REST AND RECUPERATION

NECESSARY DUE TO CIRCUMSTANCES ARISING FROM ACTIVE DUTY

OFFICIAL CEREMONY OR PROGRAM SPONSORED BY MILITARY FOR 90 DAYS AFTER TERMINATION OF ACTIVE DUTY

TO ADDRESS EMPLOYEE’S ABSENCE DUE TO ACTIVE DUTY

OTHER EVENTS ARISING OUT OF ACTIVE DUTY, LEA AND EMPLOYEE MUST AGREE TO NATURE, TIMING, AND DURATION

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DETERMINING THE 12-MONTH LEAVE PERIOD

The employee may choose any one of the following methods for determining the 12-month period in which the 12 weeks of leave entitlement occur. The alternative chosen must be applied consistently and uniformly to all employees.

• The calendar year.
• Any fixed 12-month year such as a fiscal year or a year starting on an employee’s anniversary date.
• The 12-month period measured forward from the date an employee’s first FMLA leave begins.
• A rolling 12-month period measured backward from the date an employee uses any FMLA leave.

Districts shall communicate their method of determining the 12-month leave period to its employees.

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Cite: N.C. Public Schools Benefits and Employment Policy Manual, 8.2.4.

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LIMITATIONS ON LEAVE

• Employer may require that the employee use accrued paid leave
• Workers’ compensation may count against FMLA leave
• Disability leave may count against FMLA leave
• ADA “accommodation” leave may count against FMLA leave

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EMPLOYER RESPONSIBILITES

• Notice
• Maintain group health insurance
• Restore employee to same or equivalent job

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Employers must maintain any employer-paid health benefits while the employee is on FMLA leave.

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PAID LEAVE AS FMLA LEAVE

• When an employee is on paid leave but has not requested FMLA leave, the LEA must request that the employee provide information indicating whether the leave is for an FMLA-qualifying reason within 10 workdays.
• Any leave that later develops into an absence qualified under FMLA may later be counted as FMLA leave for the entire duration of the leave.

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NOTICE REQUIREMENTS

• Employers must post and keep posted, in conspicuous places, a notice explaining FMLA’s provisions and providing information about the procedures for filing complaints of FMLA violations.
• Must be posted even if no employees are eligible for FMLA leave
• Must also be included in the employee handbook
• If “a significant portion” of workers are not literate in English, employer shall provide the general notice in a language spoken by the employees

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EMPLOYER �NOTICES

• Eligibility notice
• Employer must notify the employee of eligibility within five business days of request for FMLA leave, absent extenuating circumstances
• Required when
• An employee requests FMLA leave, or
• The employer acquires knowledge that an employee’s leave may be for an FMLA-qualifying reason
• Note: the employee is under no obligation to specifically request FMLA leave. They must only give notice of the need for leave. It is the obligation of the employer to designate the leave as FMLA.
• Rights and responsibilities notice
• Must provide details of employees’ obligations and consequences for failing to meet those obligations
• Must include the employee’s right to “restoration to the same or an equivalent job upon return from FMLA leave”

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The standard Notice of Eligibility and Rights and Responsibilities created by the U.S. Department of Labor’s Wage and Hour Division can be found here

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TIME REQUIREMENTS FOR NOTICE

• Employee must notify employer (if foreseeable) of the need for leave at least 30 days in advance
• If unforeseeable, employee must give notice as soon as practicable
• At least 2 business days of learning of need for leave

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If employee fails to give notice, FMLA may be delayed or denied.

CERTIFICATIONS OF NEED FOR LEAVE

• Employers may request certification from a health care provider to be provided within 15 days
• Employee must respond to employer’s requests for periodic status reports and intent to return to work
• Employer may require certification that employee is able to return to work
• Employer may not interfere with, restrain, or deny an employee’s exercise of FMLA rights and may not retaliate against employee who files a complaint
• All optional-use forms, including certification forms for employees, family members, and military members can be found on the department of labor website here

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FMLA DOES NOT PREVENT EMPLOYERS FROM TERMINATING EMPLOYEES WHO WOULD OTHERWISE BE TERMINATED. EMPLOYERS MAY TERMINATE ANY EMPLOYEE PROVIDED THERE IS A LEGITIMATE, NON-DISCRIMINATORY REASON. THIS INCLUDES REDUCTION-IN-FORCE.

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RETURN TO WORK

• Employee must be restored to the same or an equivalent position
• Fitness-for-duty certification may be required
• Failure to return to work (without notice) on the day after FMLA leave ends may be considered voluntary resignation
• An employee’s anticipated failure to return at the end of FMLA leave should be communicated to HR, and an interactive process should begin, to include:
• Possible additional leave (may be required under the ADA)
• Termination
• Application for short-term disability

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LIMITATIONS ON SPOUSES �WORKING FOR THE SAME EMPLOYER

• When spouses work for the same employer and each spouse is eligible to take FMLA leave, the FMLA limits the combined amount of leave they may take for some, but not all, FMLA-qualifying leave reasons.

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LIMITATIONS ON SPOUSES –�WORKING FOR THE SAME EMPLOYER

For which FMLA-qualifying leave reasons are spouses subject to the combined limitation?

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• Eligible spouses who work for the same employer are limited to a combined total of 12 workweeks of leave in a 12-month period for the following FMLA-qualifying reasons:
• the birth of a son or daughter and bonding with the newborn child,
• the placement of a son or daughter with the employee for adoption or foster care and bonding with the newly-placed child, and
• the care of a parent with a serious health condition.

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• Eligible spouses who work for the same employer are also limited to a combined total of 26 workweeks of leave in a single 12-month period to care for a covered servicemember with a serious injury or illness (commonly referred to as “military caregiver leave”) if each spouse is a parent, spouse, son or daughter, or next of kin of the servicemember. When spouses take military caregiver leave as well as other FMLA leave in the same leave year, each spouse is subject to the combined limitations for the reasons for leave listed above.

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LIMITATIONS ON SPOUSES –�WORKING FOR THE SAME EMPLOYER

Which FMLA-qualifying leave reasons are not subject to the combined limitation?

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• Eligible spouses who work for the same employer are each entitled to up to 12 workweeks of FMLA leave in a 12-month period, without regard to the amount of leave their spouses use, for the following FMLA-qualifying leave reasons:
• the care of a spouse or son or daughter with a serious health condition;
• a serious health condition that makes the employee unable to perform the essential functions of his or her job; and
• any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on “covered active duty.”

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LIMITATIONS ON SPOUSES –�WORKING FOR THE SAME EMPLOYER

Example 1:

Mary and Juan are married, FMLA-eligible employees, who work for the same employer. After Mary gives birth to their daughter, she uses six workweeks of FMLA for her own serious health condition and two workweeks of FMLA leave for bonding with her newborn baby, Anna. In the same 12-month period, Juan also wishes to use leave to bond with his infant daughter.

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How many workweeks of FMLA leave may Juan take?

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Birth and bonding with a child is a combined leave category for spouses who work for the same employer. Juan and Mary are limited to a combined total of 12 workweeks in a 12-month period for the birth of their daughter and for bonding with their child, and Mary has used two of the 12 workweeks of leave available to the couple for this leave reason.

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Juan may take up to 10 workweeks of FMLA leave for the birth of his daughter and to bond with his child.

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If Juan uses ten workweeks of FMLA leave available to bond with Anna, he may use up to two workweeks of leave for non-combined FMLA-qualifying leave reasons, such as caring for Mary if she has a serious health condition.

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Source: USDOL Fact Sheet #28L

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LIMITATIONS ON SPOUSES –�WORKING FOR THE SAME EMPLOYER

Example 2:

Morgan and Taylor are married, FMLA-eligible employees, who work for the same employer. Taylor takes 11 workweeks of FMLA leave to care for her father who has a terminal illness. Later in the same 12-month period, Morgan learns that her mother will need several weeks of care while recovering from hip replacement surgery. Morgan has not used any FMLA leave during the 12-month period.

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How many workweeks of FMLA leave may Morgan take to care for her mother?

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Leave to care for a parent with a serious health condition is one of the combined leave categories for spouses who work for the same employer. Morgan and Taylor are limited to a combined total of 12 workweeks in a 12-month period for the purpose of caring for a parent. Taylor has already used 11 workweeks of FMLA leave to care for her father, leaving a balance of one workweek for Morgan to use to care for her mother.

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Morgan may take no more than one week of FMLA leave to care for her mother with a serious health condition.

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In this example, if Morgan uses one week to care for her mother, she would have 11 workweeks of FMLA leave available to use for non-combined qualifying FMLA leave reasons.

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Source: USDOL Fact Sheet #28L

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29 CFR § 825.600�SPECIAL RULES FOR SCHOOL EMPLOYEES

29 CFR § 825.600 APPLIES TO:

EMPLOYEES

OF

• Local education agencies (LEAs)
• Private elementary schools
• Private secondary schools

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BUT NOT EMPLOYEES OF

• Colleges and universities
• Trade schools
• Preschools

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29 CFR § 825.601-.603 ONLY COVER “INSTRUCTIONAL EMPLOYEES”

INCLUDES

• Anyone “whose principal function is to teach and instruct students in a class, a small group or an individual setting.”
• Teachers
• Athletic coaches
• Driving instructors
• Special education assistants

DOES NOT INCLUDE

• Teacher assistants who do not actually instruct as their principal function
• Counselors
• Curriculum specialists
• Cafeteria workers
• Bus drivers

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INTERMITTENT LEAVE AND REDUCED SCHEDULE LEAVE: 29 CFR § 825.601

• § 825.601 creates a 20% rule
• If an instructional employee will be on leave for more than 20% of working days during the period over which leave extends, employer may require employee to choose:
• Leave for period(s) of a particular duration not greater than the duration of the planned treatment, or
• Transfer temporarily to alternative position with equivalent pay and benefits, and which better accommodates the recurring leave than the employee’s current position
• E.g., If an instructional employee who normally works five days/week will be on FMLA leave more than one day/week over several weeks, the special rules would apply.

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29 CFR § 825.601 �NOTICE REQUIREMENT

• If the required notice (30 days prior to beginning of leave; 29 CFR § 825.302) is not given of foreseeable (not emergency) intermittent or reduced schedule leave, the employer may require the employee to choose either to:
• Take leave of a particular duration (i.e., a block, or blocks of time beginning no earlier than the first day for which leave is needed and ending no later than the last day for which leave is needed, and may include one interrupted period of leave)
• Transfer temporarily into an alternative position, or
• Delay taking leave until proper notice is given.

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��NOTICE REQUIREMENTS�IF THE REASON IS FOR

BIRTH/ADOPTION/FOSTER CARE

• The employee shall give the LEA at least 30 days notice, in writing. If leave is required to begin in less than 30 days, within one or two business days of when the need for leave is known to the employee.

PLANNED MEDICAL TREATMENT

• Make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations, and
• Give at least 30 days notice. If leave must begin in less than 30 days, notice as is practicable.

ACTIVE DUTY OF A FAMILY MEMBER

• Notice as is reasonable and practicable.

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29 CFR § 825.602: EMPLOYER MAY REQUIRE LEAVE TO CONTINUE THROUGH THE END OF AN ACADEMIC TERM WHERE:

• Leave begins more than 5 weeks before the end of a term
• Leave will last at least 3 weeks, AND
• Leave would end in the last 3 weeks of the term.

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• Leave begins during the last 5 weeks of the term
• Leave is not for employee’s own serious health condition
• Leave will last more than 2 weeks, AND
• Leave would end in last 2 weeks of term.

• Leave begins during the last 3 weeks of the term
• Leave is for purpose other than employee’s own serious health condition, AND
• Leave would last more than 5 working days

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29 CFR § 825.603: DURATION OF �FMLA LEAVE

• If an employee chooses to take leave for “periods of particular duration” in cases of intermittent leave or reduced schedule leave under § 825.601, the entire period of leave taken counts as FMLA leave
• For employees who are required by the LEA to take leave until the end of the academic term under § 825.602, only the period of leave until the employee is ready and able to return to work is charged against FMLA leave.
• Additional leave required by the employer is not counted as FMLA leave
• The employer is required to maintain the employee’s group health insurance and restore the employee to the same or equivalent job, including all other benefits, at the end of the leave.

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29 CFR § 825.604: RESTORATION TO AN “EQUIVALENT POSITION”

• This rule applies to all school employees, not just instructional employees
• Determination of how restoration is to be accomplished is made based on “established school board policies and practices, private school policies and practices, and collective bargaining agreements.”
• Policies, practices, and agreements must:
• Be in writing
• Be made known to the employee prior to the leave being taken
• Clearly explain the employee’s restoration rights
• Policy or collective bargaining agreement must provide for restoration to an “equivalent position” with equivalent benefits, pay, and other terms and conditions.

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NON-RETALIATION

It is unlawful for employer to interfere with, restrain, or deny the exercise or attempt to exercise any right under the FMLA, or to discharge or discriminate against anyone for opposing any practice or because of their involvement in any proceeding related to the FMLA.

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RELEVANT CASE LAW

• Adkins v. CSX Transportation, Inc., 70 F.4th 785 (4th Cir. 2023): Employer had a legitimate, nondiscriminatory, reason for terminating plaintiffs who were suspected of fraudulent application for FMLA leave.
• Roberts v. Gestamp West Virginia, LLC, 45 F.4th 726 (4th Cir. 2022): Employee must provide notice with employer’s “usual and customary notice and procedural requirements for requesting leave.” Genuine dispute of material fact (jury question) existed as to whether notice via Facebook Messenger satisfied FMLA notice requirements.
• McKinney v. Cleveland County Board of Education, 2023 WL 4637115 (4th Cir. 2023): Employee who exhausted FMLA leave and used additional FMLA leave did not present sufficient evidence to prove that she was terminated for taking FMLA leave or that she was not granted FMLA leave to which she was entitled.
• Vannoy v. Federal Reserve Bank of Richmond, 827 F.3d 296 (4th Cir. 2016): Employer violated the FMLA when it failed to inform employee of his right to job restoration at conclusion of his medical leave term
• Yashenko v. Harrah’s NC Casino Co., LLC, 446 F.3d 541 (4th Cir. 2006): Employee does not have an absolute right to be restored to his previous job after taking approved FMLA leave. An employer must prove that it would not have retained the employee regardless of FMLA leave.
• Throneberry v. McGehee Desha County Hosp., 403 F.3d 972 (8th Cir. 2005): Employers who interfere with an employee’s FMLA rights will not be liable if the employer can prove it would have made the same decision had the employee not exercised FMLA rights.

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RELEVANT CASE LAW, CONT.

• Ziccarelli v. Dart, 35 F.4^th 1079 (7th Cir. 2022): Discouraging FMLA leave use can give rise to a claim under FMLA. A denial of FMLA leave is not always required.
• Byrne v. Avon Prods., Inc., 328 F.3d 379, 381-82 (7th Cir. 2003): An employee may be excused from expressing a need for medical leave (1) when circumstances provide the employer with sufficient notice of the need for medical leave (e.g., broken arm) or (2) when the employee is incapable of providing such notice (e.g., clinical depression).
• Ainsworth v. Loudon County School Board, 851 F.Supp.2d 963 (E.D. Va 2012): The employer is not obligated to reinstate an employee to an equivalent position where the employee is physically unable to work upon expiration of the FMLA leave.

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TIPS AND TAKEAWAYS

• Have clear Board policy and follow it (e.g., Policy 7520 Family and Medical Leave, Public Schools of Robeson County).
• Follow rules in NC Public Schools Benefits and Employment Policy Manual, Policy 8.2.
• Let HR handle it, not principals or managers – eligibility, certification, leave schedule.
• Document/maintain documentation.
• Communicate clearly with employee.

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TIPS AND TAKEAWAYS

• Be careful about intermittent leave – scheduling, allowing, planning, documenting.
• Remind potentially frustrated supervisors of FMLA rights/options.
• Do not require or allow employees on FMLA to work while on leave. Only contact if absolutely necessary.
• Remind supervisors to promptly notify HR when employee is requesting time off due to a medical/family medical condition or serious health condition.
• Make sure principals/supervisors are at least aware that FMLA is not automatic and there are eligibility and medical/other certifications to be required.

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TIPS AND TAKEAWAYS

• ADA accommodations may also be required.
• Make sure HR clearly communicates decisions on eligibility, leave time, etc. back to supervisors, and remind them of any need to document.
• No retaliation for requesting or taking FMLA.
• Remember (and remind supervisors) of job restoration requirements following leave.
• Know the 12-month period (for using FMLA leave) in your Board policy.

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TIPS AND TAKEAWAYS

• 12-month period for military caregivers is measured forward from the date an employee’s FMLA leave begins.
• Properly designate FMLA leave, which may be concurrent with other leave.
• When an employee returns, reasonable accommodations may be required or advisable.
• Apply policies consistently.
• Maintain confidentiality of medical/personnel information. “Need to know."

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HELPFUL RESOURCES

• N.C. Public Schools Benefits and Employment Policy Manual: Here
• FMLA Policies can be found at section 8.2
• FMLA: CFR : 29 CFR Part 825 -- The Family and Medical Leave Act of 1993
• FMLA Frequently Asked Questions | U.S. Department of Labor (dol.gov)
• WHD Fact Sheets | U.S. Department of Labor (dol.gov)
• FMLA: Forms | U.S. Department of Labor (dol.gov)
• Posters and E-Tools: Other Resources | U.S. Department of Labor (dol.gov)
• FMLA: Interpretive Guidance | U.S. Department of Labor (dol.gov)
• FMLA: Applicable Laws and Regulations | U.S. Department of Labor (dol.gov)

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THANK YOU

Any questions?

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No, you cannot take FMLA leave because you are mentally exhausted from learning about FMLA…

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