What resources are available to me, as a manager, regarding the Family Medical Leave Act (FMLA)?
This information contained on this website is intended to address your most common questions. Please review the resources below and review the list of FAQs:
- The HR Benefits website provides you information on our benefits plans, frequently ask question documents, claim forms and other great information. This website will connect you to the Time off & Leave website which will provide you information on the various types of leave: FMLA, Disability, Sick Leave, and Vacation (annual) Leave.
- The HR Knowledge Base is a searchable archive of FAQ and knowledge base articles (KBA). This is housed in Service Now, you’ll need to login to access this site.
- The UAMS Administrative Guide provides the policies and practices at UAMS. This is an intranet site, please be sure you are logged in to your UAMS account.
- If you require assistance after reviewing the available resources and the information provided in this article, please email AskHR@uams.edu.
Who is eligible under FMLA?
Employees are eligible for FMLA when they have been employed by the State of Arkansas for at least 12 months and have worked at least 1,250 actual work hours during the previous 12-month period.
Here are some great resources for your employees:
- Visit the UAMS website to review more FAQs and instructions for applying:
- Visit the Short Term Disability FAQs website
When can my employee take FMLA?
An employee may be eligible to take FMLA in the following situations:
- Birth, adoption, or foster care
- The employee’s serious health condition
- A serious health condition of an employee’s spouse, child, or parent and for whom the employee is needed to provide care.
- Illness, injury, or financial exigency related to military service
How does my employee apply for FMLA?
The first step is to contact FMLASource by website www.fmlasource.com or phone: 833-786-8644. FMLASource will send you the Medical Certification Form. This form will need to be completed by the appropriate Health Care Provider and returned timely to FMLASource. To see the entire checklist for the claim submission visit the FMLA website.
I have time to plan for my employee’s FMLA absence. What should I consider?
Regardless if you have time to plan for your employee’s absence, determine the type of FMLA leave. If the FMLA leave is continuous the expectation is the employee will be unavailable to complete work. As such, you should ensure all work is delegated in Workday and operational tasks are reassigned. Communicate within the department and to both internal and external customers as appropriate.
Does my employee need to use all of their sick leave before applying for FMLA?
No, the employee should apply for FMLA as soon as they know they may be taking a qualified absence. The UAMS Administrative Guide 4.6.11 Family Medical Leave Act states: FMLA leave runs concurrently with any paid or unpaid leave used (e.g., sick, vacation, workers’ compensation and short term disability).
- Visit the UAMS FMLA website to review more FAQs and instructions for applying
- For more information on Short Term Disability visit and other times of time off, visit this UAMS website.
My employee is out due their own serious illness, but refuses to take FMLA. Can I request FMLA on his/her/their behalf?
Yes, per UAMS Administrative Guide 4.6.11 Family Medical Leave Act, UAMS can designate the leave as FMLA when the guidelines for receiving leave are met. Remind the employee of the department’s attendance policy and review the KBA, “How do I place my worker on a leave of absence?“
What is a FMLA decision letter?
The decision letter from FMLASource confirms the employee’s request, provides the parameters of the leave, and the 12-month measurement period. Below is an example of the table that is included in letter. This fictional worker did not qualify for FMLA as they did not meet the hours worked or length of service requirement. However, as she was pregnant, she did qualify and was approved for leave under the Federal Pregnant Worker Fairness Act (PWFA).
The letter also includes a section of what the employee needs to know and what they need do. Both the employee and their current manager will receive a copy of this letter.
In the FMLA decision letter, my employee was approved for FMLA. Now what?
- My employee should have been denied biased on eligibility.
- If the manager knows the employee has not met the eligibility requirements, please contact the leave administrator team via firstname.lastname@example.org with the reasons employee should have been denied.
- My employee was approved correctly.
- Place worker on the appropriate leave type in Workday.
- My employee is on maternity or paternity leave.
- The employee will need to confirm the delivery or placement date (adoption or foster care) with FMLASource so that adjustments can occur if necessary, per UAMS Administrative Guide 4.6.11.
- If your employee is correctly approved for FMLA, you should expect to receive weekly reports regarding the leave usage.
In the decision letter, my employee was denied for FMLA. Now what?
- If the employee was denied FMLA due to length of service and/or hours worked AND the manager believes the employee met the eligibility requirements, please contact the leave administrator team via email@example.com with the reasons your employee should not have been denied. Let us know if:
- Your worker is hourly: Hourly workers require a manual calculation of worked hours, please indicate if your worker is hourly.
- Your worker has transferred from another U of A institution OR state agency: Workday will not automatically include the time before their start date at UAMS. This will require a manual calculation.
- If the employee was not qualified for FMLA and the employee is requesting a leave of absence for their own medical illness, please contact employee relations to initiate the ADA interactive process.
- If the employee was not qualified for FMLA and the employee is requesting a leave of absence for their family’s medical illness, please refer to UAMS Administrative Sick Leave Policy 4.6.03 and any applicable departmental policies.
My employee and spouse both work at UAMS and need FMLA leave and both need to take FMLA leave. Do they both qualify for 12 weeks of leave?
No, they won’t, review more in this KBA
I know my employee should not qualify for FMLA, should I tell him/her/them to still apply?
Yes, please have the individual apply for FMLA. FMLA Source is the administrator of these decisions.
My employee is using more FMLA time than approved by their intermittent leave. Now what?
If the employee is showing a pattern of abused leave for extended period of time, the department should contact the Absence Partner. The Time & Absence team can request that FMLASource request medical recertification be completed by the employee’s physician to update the current decision once every 30 days as needed. If the issue still exist after the recertification, the issue will be turned over to the Employee Relations Department for further guidance. If the recertification cannot be completed, please contact Employee Relations for further guidance.
My employee is supposed to return to work from their continuous leave. What should I do?
According to UAMS Administrative Guide 4.6.11: Before an employee can return to work, the employee will be required to present proof of the employee’s certified Fitness for Duty document. This document will be given to the employee by FMLASource for completion by the health care provider and then must be turned in to the supervisor (download a copy here). In addition, if the employee is returning to work earlier than anticipated, the employee must notify the supervisor at least 2 days prior to the employee’s expected return date.
What is the manager’s responsibility while the employee is out on FMLA?
|Do not terminate or discipline an employee on an approved or requested FMLA without consulting with Employee Relations
|Notify the Time & Absence Partner of suspected FMLA abuse
|Do no ask about the employee’s or family member’s medical condition
|Receive a Return to Work notice when the employee out for their own illness
|Do not allow the employee to work while they are on approved leave
|Remember there are no “magic” words for requesting FMLA leave
|Do not discourage employees from taking appropriate leave
|Enforce call-in procedures for Intermittent FMLA which include Department policy & FMLA Source time off reporting
|Do no put employee medical records, including doctors notes, in Workday
My employee is on leave. What actions need to take place in Workday?
There are several resources that address this question:
- KBA: What do I need to know about going on Leave of Absence (paid or unpaid)?
- KBA: How do I place my worker on a leave of absence?
I receive reports from FMLA source. What should I do with them?
Review the reports for leave exhaustion, leave usage, and return to work reporting.
The reported absences from FMLASource do not match the absences reported by employee in Workday. Workday is correct. How do I correct this issue?
Remind the employee to report all absences to FMLASource within 48 hours. Please contact firstname.lastname@example.org to resolve the reporting error. The next weekly report should reflect these hours reported to FMLASource.
My employee consistently does not report his/her/their absences to FMLASource. What actions should I take?
Please contact Employee Relations for guidance.
How does Short Term Disability and FMLA interact?
FMLA entitles eligible employees to take job-protected leave for qualified medical reasons for up to 12 work weeks (over the course of 12 months). Short Term Disability covers an eligible employee if they are unable to work due to a non-work-related illness or injury or childbirth.
What actions are needed in Workday if an employee has both Short Term Disability (STD) and FMLA?
The worker will need to be placed on two types of leave of absence to document their approval periods for each type of leave. The worker must utilize all of their available time off before they are eligible to be paid short-term disability benefits unless the reason for the disability is maternity.
FMLA: A manager and timekeeper (coming soon) will place the worker on leave utilizing the FMLASource decision letter for the approved period as indicated.
STD: The Absence partner (central HR) will place the worker on STD when approved and send further instructions to the worker and the manager.
Maternity Leave: In the case of maternity, women may choose to go on unpaid leave of absence without exhausting their leave. If FMLA and STD are pending but the worker opts to go on unpaid leave, place the worker on a leave of absence (without pay) until the protected leave is approved to prevent overpayments.
Time Off Entries: Continue to enter time off (sick, annual, birthday, etc.) until the leave balance is depleted. All time off must be utilized before short-term disability benefits are paid, except in the case of maternity leave.