Transcript FMLA: The Leave Process - Michigan State University

FMLA:
The Supervisor’s Role
What is FMLA?

The Family and Medical Leave Act of 1993 is a federal
law

Requires employers to provide job-protected leave for
employees with qualifying life circumstances

Allows 480 hours of job-protected leave, per fiscal
year, for eligible employees
2
FMLA Qualifying Conditions
• To care for a new child
(either birth or adoption)
• To care for a seriously ill family member (spouse,
child, or parent)
• To recover from a qualified serious health condition
• To care for an injured military service member in
one’s family
• To address qualifying exigencies arising out of a
family member’s deployment
3
Eligibility Requirements

Employees must have worked for MSU for a minimum of 12
months

Employees must have worked a total of 1,250 hours
within the 12-month period immediately preceding the
date that the employee’s leave commences
4
Benefits of FMLA

Allows benefits to be maintained for the duration of the employee’s
qualifying leave (up to 480 hours)

Protects an employee from disciplinary action for using approved FMLA
leave

Holds the employee’s position during an absence for up to 480 hours

Allows the employee flexibility in absences from work:
•
•
•
Consecutive Leave—taken continuously for an extended period of time
Intermittent Leave—taken on an “as needed” basis for short periods of time*
Reduced Leave—allows the employee’s normal schedule to be adjusted to accommodate the
employee’s limited ability to work*
*Employee must be able to perform the essential functions of their position in order to take these types of FMLA leaves.
5
When Does FMLA Apply

If the employee is absent more than three (3) days,
with the exception of the flu or a cold

If the employee is absent periodically, for a
chronic condition
6
Supervisor Responsibility

Direct the employee to contact the appropriate leave
team associate, to schedule an appointment

Contact the appropriate leave team member, to
request that FMLA documentation be sent to the
employee
Leave Advisor Contact Information:
Last Names (A-L)
Last Names (M-Z)
Supervisor

Beth Tominski, 884-0188
Sheila Chorey, 884-3652
Rosemary Huguelet, 884-0162
Notify the internal Human Resource person of any
consecutive leave, especially if it will exceed ten
days
7
The Leave Process

Forms and a provisional letter are sent to the
employee, and the department is copied

Employee returns completed documentation to the
leave team within 15 days, or the request is denied

Either an approval or denial notice is sent to the
employee, and the department is copied

Intermittent FMLA is recertified at six months and
renewed at twelve months. Notification is sent to
the employee by the leave team, and the department
is copied

If a return to work note is required, the employee
must present this to the leave team, prior to
returning to work, and the department will be
notified of it being received
8
Time Entry

Intermittent time is recorded by either the employee
or the department

Consecutive time, up to ten days, is recorded by the
department

A leave of absence form must be submitted by the
department, via EBS, if the employee is absent for
eleven or more days

Consecutive time, from day eleven on, is recorded by
the Human Resources leave team, if the leave form
has been received
9
Leave Return Process
Employee must submit to HR a release to return to work from their healthcare
provider, five days prior to their return date

This release must address whether the employee can perform the
essential functions of their position (i.e., restrictions)

HR will notify and provide the appropriate documentation to the
department of when the employee can officially return to work
10
Points of Interest

FMLA may be effective after three (3) absences, but
a leave of absence is effective after ten absences

Family Sick and FMLA are not interchangeable, but
they may run concurrently

FMLA Form #2, Certification of Health Care Provider,
for Employee’s Serious Health Condition, is no
longer available at the HR website

Current FMLA Forms are on the HR website (except
form #2)

Outdated forms will not be approved

If the validity of the documentation is
questionable, MSU will exercise it’s right to have
the employee, or their family member, get a second
opinion
11
Customer Service
To optimize the customer service that can be provided,
we ask that employees be directed to contact us, in
advance, to schedule an appointment, prior to their
arrival
Leave Advisor Contact Information:
Last Names (A-L)
Last Names (M-Z)
Supervisor
Beth Tominski
Sheila Chorey
Rosemary Huguelet
884-0188
884-3652
884-0162
12
Family Medical Leave Act Forms (FMLA)
http://www.hr.msu.edu/timoffleave/supportstaff/FMLAforms.htm
Contact Leave Advisor to
request Form 2
13
Form 1:
Notice of Eligibility; Rights and
Responsibilities and Designation Notice
14
Form 2: Certification by Health Care Provider for
Employee’s Serious Health Condition
Available from your Leave Advisor.
*Job Description Must Be Attached*
15
Form 3: Certification of Health Care Provider for
Family Member’s Serious Health Condition
16