Employer/Departmental/HR Rep Responsibilities

  • Human Resources Representatives, or other designated staff, are responsible for providing an Eligibility Notice, within 5 business days of becoming aware that an employee has need for leave that may qualify for FMLA.
     
  • If the employee is FMLA eligible, and there is not sufficient information to determine event eligibility, the employee must receive 15 calendar days to return a Health Certification form. Use the Forms and Templates section for the appropriate form. Include a job description or Essential/Marginal Job Function Analysis to assist the healthcare provider in determining if leave is necessary or if restricted work is possible. Medical information should be delivered to HR Representatives.
     
  • If the employee is FMLA eligible, the department must evaluate event eligibility. The Health Certification Checklist can be used to determine if the event is eligible for FLMA coverage, i.e., employer or family health concern, birth of a child or military relates absence. Contact University Faculty/ Staff Disability Services (UI FSDS) with questions about health or event eligibility. If the employee is not FMLA eligible, the department is to consider other types of leave options. Go to Types of Paid Health-Related Leave or Types of Unpaid Medical Leave for more information.
     
  • The department must notify the employee of the FMLA decision within five business days after the earlier of: the employee has provided the applicable information or the 15 calendar deadline has passed. This information must be provided on the Designation Notice.
     
  • If approved, the department is to identify specific dates or duration and frequency approved leave, not to exceed December 31 of the current year. Any leave extending past 12/31, must be recalculated for eligibility the following year (exception: FMLA approval for rolling calendar year events such as FMLA bonding or military family member injury). The PDF iconGuidance for Completing: FMLA Designation Notice is available foe use, if needed.
     
  • If information is not provided within 15 calendar days, evaluate the situation and contact UI FSDS for determination of whether FMLA should be denied.
     
  • If information is provided but insufficient or unclear, the department must provide the employee seven calendar days to obtain needed information. Provide a copy of the Health Certification form noting where information is required. On receipt of this second form, if information is insufficient (or form is not received) contact UI FSDS for determination of whether the treating health provider should be contacted or FMLA denied.
     
  • If a release to work is needed the department must notify the employee at the time of FMLA designation, and identify this requirement on the Designation Notice. The completed release document is to be received up to two days prior to return to work. A release to work should be required for hospitalizations, continuous absences of 10 days or more. Contact UI FSDS if a release is desired for other absences.
     
  • The department is responsible for notifying the employee prior to exhaustion of FMLA, paid leave, and/or approved unpaid medical leave. Templates are available on the UI FSDS web page Templates/Forms section.
  • It is the department’s responsibility to designate and communicate FMLA leave, identify specific leave approved and pay status options to the employee and supervisor. Supervisor communication is to include information of approval/denial, absence duration/frequency and pay status but not diagnosis. Multiple health conditions should be numbered (ex: Condition 1, 2) for ease of supervisor tracking.
     
  • During FMLA leave the employee’s health insurance benefits are maintained regardless of pay status, and the University continues its regular contribution to health insurance coverage.
     
  • On return from FMLA leave the employee returns to the same or equivalent position and the same benefits for which she/he was eligible prior to the leave. The employee will not be reinstated if the term of the previously held position expired or if during the absence there was a University approved lay off due to a reduction in force or reorganization. However, the employee maintains the same rights with respect to such actions, absent the leave.