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The Family Care Act does not apply to personal health conditions, therefore you only need to determine whether a leave request for a personal health condition may be covered by the FMLA by addressing the following questions:
If the answer to any of the above questions is Yes," then the leave request may be covered by the FMLA and is evaluated to determine if the FMLA applies to it. Proceed to Step 2.
If the answer to each of the above questions is "No," then the leave request is not covered by the FMLA. Handle the leave request in accordance with normal departmental leave approval and processing procedures.
If the answer to all of the above questions is "Yes," the employee's meets FMLA eligibility requirements. Proceed to Step 3.
If the answer to any of the above questions is "No," then the employee does not meet the FMLA eligibility requirements. Depending on the nature of the employee's condition the employee may be covered by the University's disability leave and/or disability accommodation policies.
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. Depending on the specific circumstances, the HRC may advise the supervisor to review the University's disability leave and disability accommodation policies with the employee
The FMLA allows an employer to obtain health care provider certification of an employee's need for leave. If certification will not be required, the employee's condition is presumed to be covered by the FMLA. Proceed to Step 4.
If health care provider certification will be required, 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).
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 it's elements should contact their unit's Human Resources Consultant. Proceed to step 5.
When an employee is within approximately 2 workweeks of the date he or she is to return to work from Family & Medical Leave or leave taken as a result of a personal serious health condition:
FMLA/FCA Topics