FMLA FAQ

Question

What are some common issues or questions related FMLA Leave?

What qualifies for FMLA leave?

What do I need to do if I am out sick for more than 3 days?

Answer

• Q: What is FMLA?
• A: Family Medical Leave Act is a federal law that provides employees with job protected leave for certain qualifying events. The following are different situations that could qualify for FMLA job protected leave:
  • Birth/Adoption/Foster Care Placement of a child
  • Employee’s own serious health condition
  • Personal illness or treatment for substance abuse
  • Provide care to a family member or person “in loco parentis”
  • Military exigency (qualifying circumstances related to federal military mobilization for service person or family members)

• Q:  If an employee has sufficient leave, why do we need to be concerned about FMLA?
• A: To ensure employees’ rights are protected, USD needs to inform an employee of their FMLA rights regardless of their paid leave status. Therefore, when an employee has a qualifying event, supervisors must inform Human Resources as soon as possible.​​​​​​​

• Q: An employee is out for an event, that while qualifying for FMLA, does not seem significant enough to bother with FMLA. If the event later becomes more serious, can the FMLA be back dated to the start of the original event?
• A: Federal Law prohibits retroactive FMLA declarations. We must inform an employee within a reasonable timeframe at the start of a qualifying event that they are covered by FMLA (typically within 3 days). Therefore, all qualifying events should be considered FMLA, and the supervisor should work with Human Resources to take the appropriate steps to inform the employee of their rights.​​​​​​​

• Q: An employee uses sick leave for more than 3 days in a row. What is required? ​​​​​​​
• A: If an employee uses sick leave more than 3 days in a row, before returning to work, they will need to provide a fitness for duty authorization from a health care provider. This is to ensure the employee is able to safely perform their job duties, and it also protects our students and co workers from contagious diseases. The authorization should indicate what, if any, work restrictions apply. The absences in this event are also considered FMLA. In this case, the Human Resources representative will determine if full medical certification is required, or whether the fitness for duty authorization is sufficient documentation.

• Q: How much time does an employee have to return the requested FMLA certification?
• A: Employees must complete the “Eligibility Notice, Section B” form at his/her earliest convenience and return it to Human Resources; It is preferred that this form gets returned prior to the health care provider form. Then, the employee has his/her health care provider complete the “Certification of Health Care Provider” form within 30 calendar days of the anticipated event or within 15 days after an unanticipated event. The health care Updated 1/7/2020 provider form can be faxed by the health care provider or returned by the employee. FMLA protection may be denied if the forms are not returned to Human Resources.​​​​​​​

• Q: The law requires 480 hours of FMLA in a 12-month period. How is the 12-month period determined?
• A: USD uses the rolling calendar method for calculating FMLA leave use. FMLA hours used are calculated as a total of all FMLA leave used in the last 12 months from the current date. FMLA requirements are met when the FMLA used in any 12-month period meets the 480 hours required by law. Therefore, when submitting an FMLA leave request, it is very important to record FMLA absences under the appropriate FMLA leave category, rather than using the regular leave categories.

• Q: Can FMLA be intermittent, or does it have to be used at one time? ​​​​​​​
• A: Based on the medical certification from the health care provider, FMLA may be used intermittently. Examples might include intermittent absences for chemotherapy, dialysis, etc. The medical certification should indicate the need for intermittent absences. When possible, the employee also has a responsibility to provide to their supervisor reasonable notice for a qualifying absence. Further, USD expects the employee to make reasonable efforts to schedule the intermittent FMLA absences outside work hours. Doing so also saves an employee’s FMLA and paid leave.

• Q:  What if I have used all 480 hours of FMLA, but I still have leave remaining?
• A: When an employee has used all 480 hours of their FMLA leave protection in a 12-month period, continued use of remaining paid leave for a qualifying event will need to be supported through continued medical certification and approved by Human Resources, it would just not be protected under FMLA. However, the employee can reapply for FMLA to recertify a qualifying medical event every 12-month period