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Faculty and Staff Disability Services

FMLA

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FMLA Process for HR Representatives

• Within five business days after the employer is aware an employee has need for leave, the department must complete and provide the employee with the “Notice of Eligibility and Rights & Responsibilities” form (pdf).
• Eligibility: An eligible employee has been employed by the University for an aggregate of at least 12 months (exception: employment prior to a seven year break in service is not included in determining 12 months of employment) AND has worked at least 1,250 hours (actual hours worked) during the 12-month period immediately preceding start of leave.
• If not eligible for FMLA, complete the “Notice of Eligibility and Rights & Responsibilities” form noting ineligibility.
• As appropriate (Refer to the Medical Leave Guide web site for when “Certification” forms are appropriate) to the leave event, attach to the “Eligibility Notice,” the appropriate “Certification” form:
• Certification of Health Care Provider for Employee’s Serious Health Condition (pdf)
• Certification of Health Care Provider for Family Member’s Serious Health Condition (pdf)
• Certification of Qualifying Exigency for Military Family Leave (pdf)
• Certification for Serious Injury or Illness of Covered Service Member for Military Family Leave (pdf)
• Provide at least 15 calendar days to return the “Certification” form.   Additional time may be allowed in unique circumstances.
• Use the Health Certification Review Checklist and Definitions to determine which criteria apply.
• Consider the following in completing the “Designation Notice” for the employee.

Circumstances Required for FMLA Leave

• Eligible employees are required to be granted FMLA leave for the following events:

1. The birth of a son or daughter and to care for the newborn child.
2. For placement with the employee of a son or daughter for adoption or foster care.
3. 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.
4. For the serious health condition of the employee that makes the employee unable to perform the functions of his or her job.
5. A covered family member’s active duty or call to active duty in the National Guard or Reserves in support of a contingency operation.
6. 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.

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