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.
Determine whether the employee meets all of the FMLA eligibility criteria.
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:
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.
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.
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.
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.
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:
FMLA/FCA Topics