FMLA Guide for Supervisors/Managers and HR Officers

The federal Family and Medical Leave Act or (FMLA), was signed into law in 1993, and provides "eligible" employees job protected, unpaid leave for up to 12 workweeks in a 12-month period for specified family and medical reasons. To be eligible for a leave protected by the FMLA, an employee must have worked for NYU for a total of at least 12 months and have worked at least 1,250 hours in that 12- month period.

Leave Entitlement

An eligible employee may be granted up to a total of 12 workweeks of job-protected leave during a 12-month period for one or more of the following reasons:

• the birth of a child and to care for the newborn child during the first year following birth
• for placement with the employee of a son or daughter for adoption or foster care
• to care for an immediate family member (spouse*, child or parent) with a serious health condition
• to take medical leave when the employee is unable to work because of a serious health condition.

* The University extends the same protections to employees with registered domestic partners as it does to those with spouses.

Supervisor's Role in Recognizing When Absences May Be FMLA Qualifying

The supervisor must inform the HR Officer if one of the following has occurred:

• The employee has been absent more than three consecutive days.
• The employee has informed the supervisor of the need to be absent due to the illness for self or family member; care of a newborn child; to adopt or accept a child for foster care.
• There is an intermittent pattern of absenteeism that the supervisor has learned (either because the employee has volunteered or the supervisor may have asked) may be for an FMLA qualifying reason (refer to the FMLA Tip Sheet to determine if reasons given could be FMLA qualifying).

The supervisor can also refer to the:

• Guidelines for Supervisors/Managers to Determine if an Employee's Absence or Lateness could be FMLA or ADA- Related which provides suggested language to use when meeting with the employee.

Once it has been determined the absences may be FMLA qualifying, the supervisor or HR Officer will give or mail the employee the FMLA Kit which consists of the following:

• Designation of Provisional FMLA
  To be completed by supervisor or HR Officer and given to employee
• Request for Family and Medical Leave - (New (12/2006) Form)
  To be completed by employee and returned with CHCP within 15 business days to the HR Officer
• FMLA - The Certification of Healthcare Provider (New (12/2006) Format)
  To be completed by employee's physician and returned within 15 business days to the HR Officer
• FMLA - Your rights under the Family and Medical Leave Act of 1993

Additional Resources for Supervisors and HR Officer

• FMLA Overview **Under Construction** updated FMLA Overview coming soon
  
• Managing Time Off
  Guide on monitoring and processing an employee's absence
• FMLA Time Tracking Tool - New Tool (3/2007)
  This spreadsheet will help you track FMLA balances. Click on various tabs for helpful instructions and tips regarding the use of this tool. Additionally, it is recommended that you view the FMLA Time Tracking Tool Tutorial prior to your first use of this tool.

Notification to the Employee

The employee must be notified in writing within one to two business days when an employer designates FMLA leave, denies leave, or request medical certification. Below are sample letters that can be used.

• Sample Letter: Designation of FMLA Leave
• Sample Letter: Insufficient Medical Certification for FMLA Leave
• Sample Letter: Denial of FMLA Leave

Information for Employees

Employees can access the following FMLA information on this site under "Human Resources Forms":

• FMLA - Your Rights under the Family and Medical Leave Act of 1993
• Request for Family and Medical Leave - (New (12/2006) Form)
• FMLA – Certification of Health Care Provider - (New (12/2006) Format)