While employers at most educational entities, such as K-12 schools, must follow applicable federal employment laws, there are unique provisions within those employment laws and other regulations that these employers must keep in mind.
Of course, many schools have collective bargaining agreements, as well as applicable state and local statutory and regulatory provisions that they must follow, which must always be considered in tandem with federal employment laws. However, in addition, laws such as the Family Medical Leave Act ("FMLA") and the Fair Labor Standards Act ("FLSA") have special provisions for instructional employees. There are also procedures pursuant to Title IX of the Education Amendments of 1972 ("Title IX") to be followed in conjunction with the Civil Rights Act ("Title VII") or state/local requirements for employment discrimination matters. An overview of some of these special provisions is outlined below.
The FMLA provides leave rights to eligible employees of covered employers for certain reasons. While the main provisions of the FMLA may be more utilized, it is important to remember that the FMLA also has certain special rules that 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 educational institutions, such as colleges and universities, trade schools, and preschools. Of...
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