What are the guidelines and procedures for supervisors to comply with FMLA?

Resources

Info, How To, and FAQ's Tools, Forms, Checklists, etc. Policies, Procedures, Laws, Contacts
FML Guidelines Leaves of Absence UC Policy PPSM-2.210: Absence from Work
FMLA Fact Sheet Department Claim Statement

ANSWER

["FML" is Family Medical Leave.]

Department Administrators need to:

  • Recognize when an employee is requesting time off that could qualify as FML—the employee does not have to specifically allude to FML.  A medical diagnosis is not required, but there must be enough information to determine if the leave qualifies for FMLA protection.  If the employee is eligible for FML and has not exhausted his/her statutory entitlement for the applicable period, supervisors are obligated to provide the leave.
  • Provide the employee with a completed Notice of Eligibility and Notice of Rights and Responsibilities within five (5) business days.
  • Employee Eligibility Requirements: 12 months of cumulative University service and 1250 hours of actual work during the 12 months immediately preceding the start of leave.
    • For pregnancy leave, eligible if employed and pregnant
  • FML-Qualifying Reasons for Leave: Employee’s serious health condition, need to care for family member who has a serious health condition, pregnancy-related disability, parental bonding leave, military caregiver leave, qualifying exigency leave
    • Eligible employee entitled to FML if a serious health condition precludes the employee from performing one or more essential functions of the position.
    • An eligible employee is generally entitled to 12 workweeks of FML in a calendar year.
      • Exceptions include Pregnancy Disability Leave (up to 4 months per pregnancy) and Military Caregiver Leave (up to 26 workweeks in a single 12-month period)
      • When medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule.
  • Track each absence of the employee as each absence occurs.  Find out if it is for the approved FML.  Document the FML-approved absence to ensure that employee’s use of FML entitlement is properly recorded and that FML-protected absences are not considered for performance evaluation, discipline, etc.
  • FML is not paid leave, however, depending on the reason for the leave and the applicable policy (or collective bargaining agreement) provision, employees may have the option or may be required to use accrued sick leave, vacation, PTO, and/or CTO during FML.  There is an obligation to continue employee’s health plan coverages during FML as if they were not on leave.
  • Ensure there is no interference with an employee’s right to request or use FML
  • Ensure that there is no retaliation against an employee for exercising the right to request or use FML—or the right to complain about the denial of any FML rights.
  • Upon return from FMLA leave, employees must be reinstated to the same or an identical position with equivalent compensation.

WAYS TO PREVENT LIABILITY

Contact Human Resources.

Common Disability Questions

Definitions

Serious health condition – an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment, including, but not limited to, treatment for substance abuse

Incapacity – the inability to work, attend school, or perform other regular daily activities due to a serious health condition, its treatment, or the recovery it requires

Continuing treatment – ongoing medical treatment or supervision by a healthcare provider

Essential functions – functions are essential when the position exists to perform that function

Workweek – a normal week of work for a particular employee

Family member – Under FMLA, family members include a parent, child, spouse, and domestic partner.  “Child” includes those whom the employee stands in loco parentis (must be under 18 or else incapable of self-care due to disability, unless in regards to the Military Caregiver Leave and Qualifying Exigency Leave).  “Parent” includes a person who stood in loco parentis to the employee when the employee was a child.

Health Insurance Portability and Accountability Act (HIPAA) – a federal act that sets the standard for protecting sensitive patient data.  Any company that deals with protected health information (PHI) must ensure that all the required physical, network, and process security measures are in place and followed.

Reinstatement rights – Employee is entitled to reinstatement to the same, or upon the Department’s discretion, an equivalent position upon return.

Genetic Information Nondiscrimination Act (GINA) – prohibits employers and other titles covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law.