FMLA

Disclaimer: This is NOT intended to replace actual law, policy, or contract

Definitions

  • FMLA is a federal law that provides job security (so long as that job still exists) and continuation of health coverage for a period of 12 weeks each fiscal year, under certain circumstances related to serious health conditions. There is required notification. 
  • “Intermittent” leave refers to when employees are out individual days, or hours. Intermittent leave cannot be entered in PeopleSoft. Supervisors track time manually. 
  • If a situation meets all eligibility for FMLA, an employee cannot waive it. All employee groups need to be FMLA compliant. 

Eligibility

  • There are eligibility requirements for FMLA. Make sure an employee meets them. And just because someone is not eligible doesn’t mean they can’t be away from work. 
  • Employees have a total of 12 weeks every fiscal year. 
  • If the person is unable to come back to work once the 12 weeks is exhausted, there are other leaves that may be granted. Disability law might be involved. Consult with your HR representative for those situations. 

Time and tracking

  • For tracking FMLA time you count either weeks (regardless of holidays or percent time) or hours (if intermittent leave is involved). You never count “days”. Supervisors are always responsible for tracking any FMLA time. 
  • FMLA paperwork should be initiated when an employee is out for 3 consecutive days for the same condition. 
  • If the employee is the one out sick, they must use all available sick time, then all available comp time, then all available vacation time down to 10 days. 
  • If the employee is not the one sick, the various governing documents address how much, if any, paid sick time can be used in different situations. 

Common false assumptions about FMLA

  • FMLA does not provide for pay. There is often the difficult truth that some FMLA time could be unpaid if someone is out the full 12 weeks allowed under FMLA. 
  • Employees, and health care providers, often assume FMLA eligibility. 
  • FMLA cannot “protect” you from layoff or non-renewal that would occur if one was at work. FMLA has job protection for 12 weeks so long as your job still exists. 

Important things to remember

  • Each employee’s situation is different and must be carefully thought through, considering the applicable governing contract and the specific facts involved. 
  • Yes, it’s often difficult to adjust to the work needs of the area when someone is on FMLA and/or disability law is involved. Good management is important. 
  • It is the employee's and supervisor's responsibility  to ensure their FMLA leave is designated in MyU. To do that, go to MyU ---> My Time ---> Request Time Off.