FMLA: The Supervisor

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FMLA The Supervisors Role
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What is FMLA?

• The Family and Medical Leave Act of 1993 is a
  federal law
• Requires employers to provide job-protected leave
  for employees with qualifying life circumstances
• Allows 480 hours of job-protected leave, per
  fiscal year, for eligible employees

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FMLA Qualifying Conditions

• To care for a new child (either birth or
  adoption)
• To care for a seriously ill family member
  (spouse, child, or parent)
• To recover from a qualified serious health
  condition
• To care for an injured military service member in
  ones family
• To address qualifying exigencies arising out of a
  family members deployment

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Eligibility Requirements

• Employees must have worked for MSU for a minimum
  of 12 months
• Employees must have worked a total of 1,250 hours
  within the 12-month period immediately preceding
  the date that the employees leave commences

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Benefits of FMLA

• Allows benefits to be maintained for the duration
  of the employees qualifying leave (up to 480
  hours)
• Protects an employee from disciplinary action for
  using approved FMLA leave
• Holds the employees position during an absence
  for up to 480 hours
• Allows the employee flexibility in absences from
  work
• Consecutive Leavetaken continuously for an
  extended period of time
• Intermittent Leavetaken on an as needed basis
  for short periods of time
• Reduced Leaveallows the employees normal
  schedule to be adjusted to accommodate the
  employees limited ability to work
• Employee must be able to perform the essential
  functions of their position in order to take
  these types of FMLA leaves.

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When Does FMLA Apply

• If the employee is absent more than three (3)
  days, with the exception of the flu or a cold
• If the employee is absent periodically, for a
  chronic condition

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Supervisor Responsibility

• Direct the employee to contact the appropriate
  leave team associate, to schedule an appointment
• Contact the appropriate leave team member, to
  request that FMLA documentation be sent to the
  employee
• Leave Advisor Contact Information
• Last Names (A-L) Beth Tominski, 884-0188
• Last Names (M-Z) Sheila Chorey, 884-3652
• Supervisor Rosemary Huguelet, 884-0162
• Notify the internal Human Resource person of any
  consecutive leave, especially if it will exceed
  ten days

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The Leave Process

• Forms and a provisional letter are sent to the
  employee, and the department is copied
• Employee returns completed documentation to the
  leave team within 15 days, or the request is
  denied
• Either an approval or denial notice is sent to
  the employee, and the department is copied
• Intermittent FMLA is recertified at six months
  and renewed at twelve months. Notification is
  sent to the employee by the leave team, and the
  department is copied
• If a return to work note is required, the
  employee must present this to the leave team,
  prior to returning to work, and the department
  will be notified of it being received

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Time Entry

• Intermittent time is recorded by either the
  employee or the department
• Consecutive time, up to ten days, is recorded by
  the department
• A leave of absence form must be submitted by the
  department, via EBS, if the employee is absent
  for eleven or more days
• Consecutive time, from day eleven on, is recorded
  by the Human Resources leave team, if the leave
  form has been received

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Leave Return Process

• Employee must submit to HR a release to return to
  work from their healthcare provider, five days
  prior to their return date
• This release must address whether the employee
  can perform the essential functions of their
  position (i.e., restrictions)
• HR will notify and provide the appropriate
  documentation to the department of when the
  employee can officially return to work

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Points of Interest

• FMLA may be effective after three (3) absences,
  but a leave of absence is effective after ten
  absences
• Family Sick and FMLA are not interchangeable, but
  they may run concurrently
• FMLA Form 2, Certification of Health Care
  Provider, for Employees Serious Health
  Condition, is no longer available at the HR
  website
• Current FMLA Forms are on the HR website (except
  form 2)
• Outdated forms will not be approved
• If the validity of the documentation is
  questionable, MSU will exercise its right to
  have the employee, or their family member, get a
  second opinion

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Customer Service
To optimize the customer service that can be
provided, we ask that employees be directed to
contact us, in advance, to schedule an
appointment, prior to their arrival Leave
Advisor Contact Information Last Names
(A-L) Beth Tominski 884-0188 Last Names
(M-Z) Sheila Chorey 884-3652 Supervisor Ro
semary Huguelet 884-0162
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Family Medical Leave Act Forms (FMLA)http//www.h
r.msu.edu/timoffleave/supportstaff/FMLAforms.htm
Contact Leave Advisor to request Form 2
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Form 1 Notice of Eligibility Rights and
Responsibilities and Designation Notice
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Form 2 Certification by Health Care Provider
for Employees Serious Health Condition
Available from your Leave Advisor. Job
Description Must Be Attached
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Form 3 Certification of Health Care Provider for
Family Members Serious Health Condition