Human Resources-Faculty and Staff Disability Services
Faculty and Staff Disability Services
FMLA Process for HR Representatives
Circumstances Required for FMLA Leave
- Eligible employees are required to be granted FMLA leave for the following events:
- The birth of a son or daughter and to care for the newborn child.
- For placement with the employee of a son or daughter for adoption or foster care.
- To care for the employee’s spouse, son, daughter or parent with a serious health condition. For adult child refer to FMLA Leave for Adult Son or Daughter.
- For the serious health condition of the employee that makes the employee unable to perform the functions of his or her job.
- A covered family member’s active duty or call to active duty in the National Guard or Reserves in support of a contingency operation.
- To care for an injured or ill covered service member.
- Amount, Duration and Types of Leave:
- An eligible employee is entitled to take up to 12 weeks of FMLA leave during the calendar year for circumstances 'a' through 'e' listed above and up to 26 weeks of FMLA leave during any 12-month period to care for an injured or ill covered service member as listed in 'f' above. The amount is prorated to the employee’s appointment.
- For the use of 26 weeks of FMLA leave to care for an injured or ill covered service member, the 12-month period begins on the first day the eligible employee takes FMLA leave to care for a covered service member and ends 12 months after that date.
- Certification Form:
- Does the “Certification” form provide information to determine the leave qualifies for FMLA? Refer to Certification Information Guide for assistance.
- If No, indicate information lacking on the “Designation Notice” and on the “Certification” form and return it to the employee giving seven days to return the complete and/or sufficient information.
- When an unclear or incomplete document is received a second time, the Senior HR, Dept HR or designee shall work in concert with FSDS to review the document, determine whether FMLA applies and review policy requirements, including whether to contact the treating health practitioner (THP) is applicable. This is the only situation when contact with the THP is permitted and supervisors, per FMLA regulations, are restricted from THP contact.
- Within five business days after an employee has submitted the appropriate certification information the department shall complete and provide the employee with the “Designation Notice” (pdf).
- In events when the department is not using “Certification” forms, the department must provide the employee with the “Designation Notice” within five business days after the event is determined eligible.
- In all circumstances it is the employing department’s responsibility to designate FMLA leave, identify leave pay status options and provide notice to the Employee. If the employee refuses to provide required information the department may consider to not designate the absence as FMLA leave and the employee will not have the FMLA protections.