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FMLA and Family Care Act (FCA)
Family Member Military Duty Related Leave Processing

Contents

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:
  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?
  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 during the current calendar year left? (Any leave taken during the current calendar year 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 is otherwise on the temporary disability retired list, for a serious injury or illness.
    • The leave entitlement is a maximum of 12 workweeks for leave related to a qualifying exigency.
  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.

The FMLA requires that the employer do two things when an employee requests leave that would otherwise be covered by the FMLA, but the employee does not meet FMLA eligibility criteria:

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 Family and Medical Leave Certification of Health Care Provider form 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. Obtain a copy of the Family and Medical Leave Certification of Health Care Provider form and proceed to Step 4. (Updated health care provider certifications can be requested as often as 30 days, if necessary).

For certification related to active duty or a call to active duty an employer may require that a request for leave be supported by certification as determined by the Secretary of the US Department of Labor.

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 two 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:

FMLA/FCA Topics