• UW Carelink
• Contact HR
• HR Forms
• Employee Self Service
• OPUS
• OWLS
• UWHIRES

Step 1 - Determine whether the FMLA applies to the leave.

1. Yes No - Is the employee requesting leave or an intermittent or reduced work schedule because a family member who is a covered service member has either been called to active duty, or to provide care for the covered service member who is:
   • Undergoing medical treatment, recuperation, or therapy, or
   • Is otherwise in outpatient status, or
   • Is otherwise on the temporary disability retired list, for a serious injury or illness
2. Yes No - Is the leave request a continuation of a previous request for leave related to a family member's duty in the armed forces that was covered by the FMLA?

If the answer to question 1 is "No" the leave request is not covered by the provisions of the FMLA related to a family members duty in the armed forces. Handle the leave request in accordance with normal departmental leave approval and processing procedures.

Step 2 - Determine the Employee's FMLA and/or FCA eligibility.

Determine whether the employee meets all of the FMLA eligibility criteria.

1. Yes No - Has the employee worked for the State of Washington (including UW employment) for at least 12 months? The 12 months need not be consecutive. However, employment periods preceding a break in service of 7 years or more will not be counted unless the break in service was due to National Guard or Reserve military service obligations. If the break in service was due to National Guard or Reserve military service obligations, both the employment period prior to the break in service and the time in military service must counted in determining if the employee has worked 12 months for the State/UW.
2. Yes No - Has the employee worked a total of at least 1250 hours during the 12 month period immediately preceding the leave request?
3. Yes No - Does the employee have any of his/her entitlement to FMLA protected leave left? Any leave taken during the specified 12- month period that has been designated in writing as FMLA leave, is deducted from the entitlement to determine the remaining amount of FMLA eligibility.
   • The leave entitlement is a maximum of 26 workweeks to care for a service member who is undergoing medical treatment, recuperation, or therapy; or is otherwise in outpatient status; or on the temporary disability retired list, for a serious injury or illness. The 12-month period is measured forward from the date an employee’s first leave to care for the covered servicemember begins.
   • The leave entitlement is a maximum of 12 workweeks within a 12-month period for leave related to a qualifying exigency. The 12-month period is the calendar year.
   • An eligible employee is entitled to a combined total of 26 workweeks of leave for military caregiver leave and leave for any other FMLA-qualifying reason during the same 12-month period, provided that the employee takes no more than 12 work weeks of leave because of a qualifying exigency or for any other FMLA-qualifying reason.
4. Yes No - Does the employee have any accrued paid leave (sick leave, annual leave, comp time, personal holiday, or shared leave, if eligible)?

If the answers to questions 1-3 are "Yes," the employee's leave request may be covered by the FMLA. Proceed to Step 3.

If the answer to any of questions 1-3 is "No," the employee's leave request is not covered by the FMLA because the FMLA eligibility threshold has not been met.

When an employee requests leave that would otherwise be covered by the FMLA, but the employee does not meet FMLA eligibility criteria the employer must notify the employee. The notice must state at least one reason why the employee is not eligible, such as:

• an insufficient number of months employed by the employer ( UW/State);
• an insufficient number of hours of service during the 12-month period; or,
• the employee is not employed at a work site where 50 or more employees are employed by the employer within 75 miles.

The supervisor should contact the unit's Human Resources Consultant (HRC) to discuss the employee's leave options, complete the applicable sections of the FMLA Notice Form Letter and send it to the employee.

Step 3 - Determine whether to request certification.

The FMLA allows, but does not require, an employer to obtain certification of an employee's need for leave. If you are not requiring certification, and unless there is specific information to the contrary, the employee's condition is presumed to be covered by the FMLA. Proceed to Step 4.

If certification will be required for a covered service member's health condition, the UW Certification for Serious Injury or Illness of Covered Servicemember --for Military Family Leave must be used as it has been designed to comply with the requirements of the FMLA. The Family and Medical Leave Certification of Health Care Provider form is to be returned directly to the unit's HRC by the health care provider. Supervisors who wish to obtain health care provider certification should discuss the certification requirement with the unit's HRC who will receive the completed form. Download a copy of Certification for Serious Injury or Illness of Covered Servicemember - for Military Family Leave and proceed to Step 4. (Updated health care provider certifications can be requested as often as 30 days, if necessary).

An employer may request that leave for any qualifying exigency be be supported by a certification. The “Certification of Qualifying Exigency For Military Family Leave” form must be used as it has been designed to comply with the requirements of the FMLA. For each period of active duty status or call to active duty, the first time qualifying exigency leave is requested, the employer may require the employee to provide a copy of the covered military member’s active duty orders or other military issued documentation.

Step 4 - Completing the FMLA notice letter.

The FMLA requires that certain information be provided to an employee when a leave request that may be covered by the FMLA is approved or denied. The FMLA Notice form letter complies with the FMLA's requirements. Complete the FMLA Notice form letter according to the form's instructions, and get it to the employee within five business days of the employee's leave request, if possible.

Supervisors who have questions about completion of the FMLA Notice form letter or any of its elements should contact their unit's HRC. Proceed to Step 5.

Step 5 - Family Care Act (FCA)

If the employee has requested leave to care for a covered service member with a serious health condition, the Family Care Act mandates that the employee be allowed to use any or all of the employee's choice of available paid leave (including shared leave) to cover the period of absence required by the family member's health condition.

Under the FCA the employee must follow the employer's leave policies in requesting the use of paid leave. Other than approving the use of the paid leave, there is no special correspondence or documentation that the FCA requires. Proceed to Step 6.

Step 6 - Follow up

When an employee is within approximately two workweeks of the date he or she is to return to work from Family & Medical Leave and/or leave under the Family Care Act:

• Determine from the employee the date of return to work, or if on a reduced schedule, when the employee will return to the regular work schedule.
• If you are unable to contact the employee, or the employee does not contact you, mail a certified, return-receipt-requested, letter explaining when the leave is ending and request that the employee contact you immediately to advise you of his or her availability to return to work.
• If the employee requests an extension of the leave or any other accommodation such as reduced hours, change of functions or other special needs, contact your unit's HRC immediately.

• uwhr@u.washington.edu |
• HR Contacts

Copyright © 2007 University of Washington