What Supervisors Need to Know about Family and Medical Leave
Introduction
The Family and Medical Leave Act (FMLA) was enacted in 1993 to allow employees to balance their work and family life by taking reasonable unpaid leave for medical reasons, the birth or adoption of a child, and for the care of a spouse, child, step-child, parent, or step-parent who has a serious health condition.
Under FMLA, an eligible employee may take up to 12 work weeks of unpaid leave during any year. The FMLA requires that an employee's medical benefits remain at the same level while the employee is on leave, and that the employee must generally be allowed to return to the same position.
What qualifies as a Serious Health Condition?
- Various medical conditions requiring inpatient care or continuous treatment or supervision by a health care provider will qualify as a serious health condition. It is up to the employee's health care provider to certify whether or not the condition qualifies under FMLA.
What does not qualify as a Serious Health Condition?
- Flu, earaches, common colds, upset stomach, headaches, periodontal disease.
What to do when an employee requests leave that qualifies under FMLA?
- Determine if the employee is covered under the VSDP. If so, have the employee contact UnumProvident at 1-800-652-5602. Human Resources will notify the employee that he or she is on FMLA leave.
- If the employee is not covered under the VSDP you must notify the employee of his or her rights and obligations under FMLA. Provide the employee with the FMLA packet.
When to place an employee on provisional FMLA leave?
- To start the clock running on an employee's 12-week entitlement you must designate it promptly (within 2 business days) and in writing. If you fail to make designation, a qualified employee will have the right to take 12-weeks FMLA leave in addition to any time that was taken prior to receiving written notification.
- If the employee has been out for several days, on the third day you may want to talk to the employee and question if it is FMLA qualifying. Document contact with employee.
- Within 2 business days, send the employee the FMLA packet (less the Family and Medical Leave Request Form P7) and the provisional letter.
- Complete the Family and Medical Leave Request Form P7 for the employee.
- Immediately send a copy of the provisional letter and Family and Medical Leave Request Form P7 to Human Resources.
Who determines if the employee is eligible for FMLA leave?
- Human Resources will determine if the employee is eligible for FMLA leave. The determination letter is sent to the employee and a copy to the employee's supervisor, usually within business 3 days.
Can I call the doctor's office to determine if the employee's condition is FMLA qualifying?
- No, supervisors are not to call the employee's health care provider. Human Resources will verify the Certification of Health Care Provider form and work with the employee if additional information is needed.
What if the employee is taking FMLA leave for pregnancy or prenatal care?
- Supervisors need to be aware that pregnancy-related conditions are treated differently from other serious health conditions under the FMLA. Pregnant employees unable to report to work due to severe morning sickness qualify for FMLA leave regardless of whether they receive treatment from a health care provider.
- When you are first aware of the employee's pregnancy, notify the employee of her rights and obligations under FMLA. Provide employee with the FMLA packet.
- Have the employee complete the Family and Medical Leave Request Form P7 and return it to Human Resources.
Is FMLA leave paid or unpaid?
- FMLA provides employees with 12 weeks of unpaid leave. However, employees have the option to use applicable leave balances (annual, sick, comp or family personal) during FMLA leave. If the employee chooses to use accrued leave balances it will run concurrently with FMLA leave.
How much sick leave can an employee use while on FMLA leave to care for an immediate family member?
- Classified Staff and University Staff employees can use up to 33% of their sick leave balance available at the beginning of the FMLA leave. Faculty enrolled in the VSDP may use 33% of their sick leave. Regular salaried non-restricted faculty can use family sick leave balances for the first 10 days of FMLA leave.
When can an employee take FMLA Leave Intermittently or on a Reduced Schedule?
- When medically necessary for treatment or recovery from a serious health condition.
- To care for an immediate family member with a serious health condition.
- After the birth or placement of a child for adoption or foster care, subject to approval by department head.
- Intermittent leave must be taken in increments of one hour. It can be taken a few hours a day, a few days a week, or on an as-needed basis. Employees will be required to provide certification that intermittent leave is necessary.
- Intermittent absences or a reduced work schedule must be worked out in advance with the supervisor. If due to the nature of the employee's medical condition results in unpredictable periodic absences, the supervisor may require the employee to present a doctor's note.
When in doubt, contact Human Resources!
- Contact Lynett Cruise at (540) 231-1237, or send an email to lcruise@vt.edu.