Processing Family Medical Leave (FML)

Resources

Role of Supervisor

  • Familiarize yourself with the following policies:
  • Notify HR that an employee has been out for 3 days or
  • Refer the employee to HR if they need to take time away from work for their own serious health condition, the serious health condition of a dependent (spouse, child or parent) or to bond with a newborn child within the first year after birth, adoption, or foster placement
  • Refer the employee to HR if they wish to take parental leave
  • Ensure you are approving and/or submitting all bi-weekly leave and monthly leave reports in a timely manner – this is extremely important and could have a detrimental effect on the employee if not approved in a timely manner
  • The employee must provide you with either the New York Life fitness for duty certification or a return to work certification from their physician. If the notice requires restrictions, HR will work with you to make sure you can accommodate.
  • Do not allow the employee to work without a sufficient fitness for duty/return to work notice as this could be a liability for the University

Role of Human Resources

  • Once notified, HR will advise the employee to have them file a FML and/or STD claim with New York Life (NYL).
  • Works with the employee and supervisor throughout the process to ensure approvals are received and employee is paid appropriately
  • Helps employee coordinate FMLA and/or STD with parental leave – if applicable

Role of New York Life

  • Sends the employee the appropriate FML and/or STD paperwork, copying HR and the supervisor:
    • Acknowledgement Packet –
      • FMLA Notice of Eligibility
      • FMLA Rights and Responsibilities
      • STD required forms
  • Helps employee coordinate FMLA with Short Term disability - if applicable
  • Works with the employee throughout process to ensure approvals are received
  • If the employee is approved for intermittent FML - NYL will send HR and the supervisor information that indicates how frequently the employee will need to be out of work and for what duration. If the employee requests an extension, NYL sends a request for re-certification to the employee as the conditions for FMLA have now changed.

FAQ

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  • 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. New York Life approves all FML and STD claims. Approval of FML is necessary to determine if the leave is job protected. Approval of STD will determine if the employee may use paid time.

  • Is an employee paid while out on FMLA?

    FMLA does not give any extra paid time off. The employee is required to use accrued leave or STD/Parental Leave if applicable.

  • Will the employee continue to be paid while out on STD?

    If staff are approved by NYL for STD they have the option to use their accrued leave and be paid at 100% or use STD and be paid at 66 2/3%. If faculty are approved, they will be paid at 100% as they do not accrue leave.

  • How long does the approval process take?

    This depends on the employee and their physician. It is the employee’s responsibility to ensure that their physician is providing documentation to NYL in a timely manner. Without an approval, once all accrued leave is exhausted, the employee’s pay will be delayed until approval is received.