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Process Family Medical Leave Act (FMLA)

Resources

Role of Supervisor

  • Review the FMLA policy
  • Notify HR that an employee has been out for 3 days
  • Refer employee to the HR Solution Center to discuss FMLA and  the potential coordination of  Short Term disability and/or parental leave
  • Ensure you are approving all monthly leave reports in a timely manner – this is extremely important and could have a detrimental effect on the employee if not approved timely
  • When the employee returns to work, provide HR with a copy of the return to work notice. If the notice requires restrictions, then HR works with you to make sure they can accommodate.
  • Do not allow the employee to work without a sufficient return to work notice as this could be a liability for the University
  • If the employee is out intermittently then the supervisor needs to:
    • monitor and if the absences are greater than what was initially indicated then they should contact HR
    • ensure that HR is provided dates of those absences so they can be recorded accurately

Role of Human Resources

  • Once notified HR contacts the employee to determine the nature of the absence – if they plan to be out consistently or on an intermittent basis
  • Determines if employee needs to also apply for short term disability (STD) through CIGNA
  • Within 5 days of the request, HR sends the employee the appropriate paperwork:
    • FMLA Notice of Eligibility
    • FMLA Rights and Responsibilities
    • CIGNA Intro Letter – if applicable
    • Parental Leave – if applicable
  • Once the employee provides documentation (FMLA certification and potentially Cigna claim initiation) an email is sent to the supervisor to let him/her know that the employee has made an FMLA request as well as general information about employer responsibilities
  • Works with the employee and supervisor throughout process to ensure approvals are received and employee is paid appropriately
  • Helps employee coordinate FMLA with short term disability and parental leave – if applicable
  • Intermittent leave - HR will send the supervisor information that indicates how frequently the employee will need to be out of work and for what duration. The supervisor needs to monitor this and if the absences are greater than what was initially indicated then they should contact HR. In this instance, HR sends a request for re-certification as the conditions for FMLA have now changed.

Process Steps

  1. Supervisor notifies HR that an employee has been out for 3 days
  2. Supervisor refers employee to the HR Solution Center to discuss FMLA and  the potential coordination of  Short Term disability and/or parental leave
  3. HR contacts the employee to determine the nature of the absence – if they plan to be out consistently or on an intermittent basis. Determines if employee needs to also apply for short term disability (STD) through CIGNA
  4. Within 5 days of the request, HR sends the employee the appropriate paperwork:
    • FMLA Notice of Eligibility
    • FMLA Rights and Responsibilities
    • CIGNA Intro Letter – if applicable
    • Parental Leave – if applicable
  5. Once the employee provides documentation (FMLA certification and potentially Cigna claim initiation) an email is sent to the supervisor to let them know that the employee has made an FMLA request as well as general information about employer responsibilities.
  6. HR notifies the supervisor of when/how they are to complete leave reports or timesheets.
    • If the employee is using their leave balances, the supervisor completes the timesheet and enters applicable leave or holiday time.  Employee may do this if able.
    • If the employee is having their income replaced by STD, the time is recorded by the HR office. 
  7. If employee is also applying for STD, HR sends the supervisor notifications of approvals from Cigna as they are received.
  8. When the employee returns to work, the supervisor (or employee) must provide HR with a copy of the return to work notice. If the notice requires restrictions, then HR works with the supervisor to make sure they can accommodate. The supervisor should not allow the employee to work without a sufficient return to work notice as this could be a liability for the University.
  9. If an employee is out on intermittent leave, HR will send the supervisor information that indicates how frequently the employee will need to be out of work and for what duration. Example, flare ups occur 2 times every 2 months for 2 days each. The supervisor needs to monitor this and if the absences are greater than what was initially indicated then they should contact HR. In this instance, HR sends a request for re-certification as the conditions for FMLA have now changed.
  10. If the employee is out intermittently then the supervisor needs to ensure that HR is provided dates of those absences so they can be recorded accurately.

FAQ

If an employee has plenty of sick leave, do they still have to apply for FMLA?
Yes, the University is required to notify employees of their FMLA rights if they are out for 3 days or more.
Is an employee paid while out on FMLA?
FMLA does not give any extra paid time off. The employee would need to use her accrued leave or STD/Parental Leave if applicable.