FMLA Basics

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

DEFINITIONS

1. 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.

2. “Intermittent” leave refers to when employees are out individual days, or hours.

Intermittent leave cannot be entered in PeopleSoft.Supervisorstrack time manually.

3. If a situation meets all eligibility for FMLA, an employee cannot waive it. All employee groups need to be FMLA compliant.

4.All documentation from health care providers should be sent to Disability Services (DS). Supervisors and departments should not know diagnosis, treatment, or prognosis. DS will inform the department of time off requirements and any work adjustments and/or accommodations that are medically indicated. DS will also determine if the health condition is covered by disability law. Sometimes employees volunteer medical information with supervisors and co-workers, but they don’t need to. Always respect someone’s privacy.

ELIGIBILITY

5. 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.

6. Employees have a total of 12 weeks every fiscal year.

7. 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

8. For tracking FMLA time you count either weeks (regardless of holidays or % time) or hours (if intermittent leave is involved). You never count “days”. Supervisors are always responsible for tracking any FMLA time.

9. FMLA paperwork should be initiated when an employee is out for 3 consecutive days for the same condition. Entry into PeopleSoft occurs after 10 days.

  1. FMLA time runs concurrently with any paid time off that might apply.
  2. If the employee is the one out sick, they must use all available sick time.
  3. If the employee is not the one sick, the various governing documents address howmuch, if any, paid sick time can be used in different situations.
  4. Vacation time down to 10 days must be used for all employee groups once applicable sick time is exhausted, and employees can request to use more vacation time.

COMMON FALSE ASSUMPTIONS REGARDING FMLA

14. 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.

  1. Employees, and health care providers, often assume FMLA eligibility.
  2. 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

17. Each employee’s situation is different and must be carefully thought through, considering the applicable governing contract and the specific facts involved.

18. 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.

  1. Don’t forget about PeopleSoft entry !!