New Process for the Family & Medical Leave Act (FMLA)

If an employee calls in sick for three full consecutive days, there is no longer an obligation under the new regulations to provisionally designate the leave.

Instead, follow the following steps as outlined below:

  1. If the employee informs his/her supervisor of the need for a foreseeable leave or the department receives information of a possible qualifying situation, the department determines eligibility for FMLA leave.

  2. Department then notifies the employee of his/her eligibility and rights. The notification must be made within five (5) days of receipt of leave request; includes request for certification of the need for leave. Eligibility and Rights Notification consists of all of the following:

  3. The employee provides the completed Certification of Health Care Provider Form to department along with the Staff Leave Request Form. The employee works with the department to schedule the leave so as to cause the least amount of disruption to the department.

  4. The department verifies and completes the Staff Leave Request Form, ensuring compliance with applicable policy or collective bargaining agreement language. Department sends a copy to the Benefits Office and returns the completed and signed original to the employee.

  5. If the employee returns a complete and sufficient Certification of Health Care Provider form, the department sends the Designation Notice within five (5) business days. The Designation Notice informs the employee of the designation of the leave and the amount of FMLA leave they will be using, if known. Designation may be applied retroactively as long as the appropriate and timely notice has been provided to the employee. Designation notice includes the Designation Notice (FMLA) form and the Return to work Certification Form with a copy of the employee’s position description.

  6. If the employee does not provide medical certification within 15 days, the supervisor provides the employee with the 15-Day Follow-Up Letter. If the certification is unclear or incomplete, the department requests additional information.