Responsibilities Regarding FMLA
There are responsibilities associated with FMLA regarding administration, management and beneficiaries.
FMLA Administrator / Liaison Responsibilities
The duties of a department FMLA administrator will vary according to each department, but the main duties will most likely consist of, among others:
- ensuring the department’s compliance with the FMLA;
- determining the FMLA eligibility of employees who need leave due to FMLA-qualifying absences;
- overseeing the employee FMLA leave balances and periodically reviewing for accuracy;
- training supervisors and managers on FMLA procedures where necessary;
- communicating with Human Resources if questions arise regarding FMLA leave; and
- distributing packets of information to employees who may need FMLA leave as outlined in section 5.
- after sending the packet to the employee, departmental administrator must inform in writing the HSC Central FMLA Administrator
Supervisor / Manager Responsibilities
Supervisors and managers must establish themselves as a first step in the FMLA leave process. Supervisors are not required to be FMLA “experts”; however, supervisors must know which types of absences indicate an FMLA-related condition.
Supervisors must notify the department’s leave administrator when an employee absence indicates a potential need for FMLA leave. This need could be evident when an employee:
- notifies a supervisor, manager, or administrator of their own pregnancy or a spouse’s pregnancy, that his/her family will be adopting a child, or that the family will be receiving a child from foster care;
- misses more than three continuous days of work;
- is absent on an intermittent basis due to a chronic health condition (i.e. diabetes, migraine headaches, etc.);
- is placed in a hospital or day care facility for any length of time;
- is needed to care for a covered family member of the armed forces, or is needing leave due to a covered family member’s being called to active duty; and/or
- is needed to care for a family member (child, spouse, parent) who is suffering from a serious health condition.
Supervisors and managers must ensure, among other items, that employees who need FMLA leave:
- are returned to the same or equivalent position with equivalent benefits, pay, and other working conditions of employment;
- are not subjected to adverse employment action for absences attributed to such leave; and
- are otherwise not obstructed from exercising their right to take FMLA leave.
Employee ResponsibilitiesEmployees have responsibilities to fulfill if the leave taken is to be granted or designated as FMLA leave. In general, employees must:
- provide 30 days’ advance notice of the need to take FMLA leave when the need for such leave is foreseeable;
- provide sufficient information, usually a certification form, in a timely manner so that the department may review for FMLA eligibility;
- inform the department if the requested leave is for a reason for which FMLA leave was previously taken or certified;
- provide re-certification of a condition upon request by the employing department; and
- maintain appropriate contact with the employee department regarding return-to-work status.
An employee’s failure to provide information in a timely manner may result in the delay or denial of FMLA benefits.