Step 1 - Determine if the FMLA applies to the leave.
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:
Yes
No - Does the employee specifically state that a leave request is
being made under the provisions of FMLA?
Yes
No - Does the employee indicate that he or she has a serious health condition?
Yes
No -
Is the employee requesting leave for an extended
period of time (three or more days), intermittent leave, or a reduced work schedule because of a health condition?
Yes
No -
Is the leave request a continuation of a previous request that
was determined to be covered by the FMLA?
If the answer to any of the above questions is "Yes," then the leave request
may be covered by the FMLA. 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.
Step 2 - Determine the employee's FMLA eligibility.
Yes
No - Has the employee worked for the State of Washington (including
UW employment) for at least 12 months?
Yes
No - Has the employee worked a total of at least 1250
hours during the 12 month period immediately preceding the leave
request?
Yes
No - Does the employee have any of his or her entitlement to 12 weeks
of 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 12 week calendar year
entitlement to determine the remaining amount of FMLA eligibility).
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 employer must determine when an individual will become
eligible for FMLA protected leave; and,
The employer must provide that information to the employee
in writing.
The supervisor should contact the unit's Human
Resources Consultant (HRC) to discuss the employee's leave options. Complete the FMLA
Notice as described in Step 4 below.
Step 3 - Determine whether to request health care provider certification.
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 appropriate UW certification form must
be used as it has been designed to comply with the requirements of the
FMLA. Supervisors who
wish to obtain health care provider certification should discuss the certification requirement
with the unit's HRC. Download 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).
Step 4 - Complete Employee Notification
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.
Prepare the FMLA Notice form letter which complies with the FMLA's employee notification requirements.
Consider including the FMLA Notice Cover Letter which allows you to personalize the leave communication to your employee.
Deliver the FMLA
Notice and the other documents to your employee within five business days of the employee's
leave request, if possible.
Supervisors who have questions about completion of the FMLA
Notice form should contact their unit's Human
Resources Consultant. Proceed to step 5.
Step 5- Follow up
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:
Contact the employee to confirm the date of return to work, or if on a reduced schedule, when the employee will return to the regular work schedule.
Contact your unit's Human Resources Consultant if you feel that fitness to return to duty certification is necessary.
If you are unable to contact the employee, or the employee does not contact you, mail a letter (certified) 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 Human
Resources Consultant immediately.
