Employee Responsibilities under FMLA
Employees have certain responsibilities to fulfill if the leave taken is to be granted or designated as FMLA leave. In general, employees must:
- Provide 30 days' advance notice of the need to take FMLA leave when the need for leave is foreseeable;
- Provide sufficient information (usually a certification form) in a timely manner so that the department may review for FMLA eligibility;
- Inform the department if the requested leave is for a reason for which FMLA leave was previously taken or certified;
- Provide re-certification of condition if requested by department; and
- Maintain appropriate contact with your department regarding your return-to-work status.
An employee's failure to provide information in a timely manner may result in the delay or denial of FMLA leave.
Supervisor Responsibilities under FMLA
Supervisors are an important first step in the FMLA leave process. Specifically, supervisors will need to notify the department's leave administrator when an employee's absence triggers a potential need for FMLA leave. This need could be evident when an employee:
- Notifies the supervisor of their own or a spousal pregnancy, that his/her family will be adopting a child, or that the family will be receiving a child from foster care;
- Misses more than 3 (three) continuous days of work;
- Misses work due to a chronic health condition (e.g. diabetes, migraine headaches, etc.);
- Is placed in a hospital or day care facility for any length of time; and/or
- Is needing to care for a covered member of the armed forces, or is having to be absent from work due to a covered member's being called to active duty.
Remember that the triggers listed above will include an employee's missing work to care for a child, spouse, or parent suffering from a serious health condition. The department's leave administrator must be notified immediately if any one of the instances listed above occurs so that the leave can be reviewed for FMLA eligibility. FMLA law mandates that we act in a timely manner after one of the triggers above has become evident.
HR Liaison Responsibilities under FMLA
The duties of a department FMLA administrator will vary according to each department, but the main duties may most likely consist of:
- Ensuring the department's compliance with the FMLA;
- Overseeing employee FMLA leave balances and periodically reviewing for accuracy;
- Training supervisors and managers on FMLA where necessary;
- Communicating with Human Resources if questions arise regarding FMLA leave; and
- Distributing packets of information to employees who may need FMLA leave.
Note: Medical documentation provided by the employee often contains medical diagnosis and history, or lists medication used in the treatment plan. This information is confidential and should not be forwarded or shared with other employees, except in the course of business for leave purposes or Family Medical Leave Act (FMLA) benefits. Employees should be encouraged to submit documentation directly to their HR Liaison or leave administrator.
Important Deadline Requirements and Processing Information
HR Generalists with FMLA responsibilities should be aware of the following deadline requirements and other procedures:
- Notice of Eligibility and Rights and Responsibilities: Administrators must notify an employee within five (5) business days of learning that leave may qualify for FMLA, indicating whether the employee is eligible. This requirement is best met using the Notice of Eligibility and Rights and Responsibilities under the Family and Medical Leave Act (FMLA) (PDF download).
- Designation Notice: Administrators must notify an employee within five (5) business days after obtaining sufficient information to determine whether leave qualifies under FMLA. The notice must include the amount of leave that will count against the employee’s FMLA entitlement. If a certification is incomplete or insufficient, the employee must be informed of what additional information is needed. This requirement is best met using the Designation Notice under the Family and Medical Leave Act (FMLA) (PDF download).
- Delay or Denial of FMLA Leave: HR must be contacted before a department delays or denies FMLA leave. Reasons may include an employee’s failure to return certification within the 15-day deadline, provide required notice, or submit requested medical updates or clarification.
Resources
If you have any questions or need further assistance, please Ask a Question about FMLA/Parental Leave.