Manager’s Role in FMLA Leave

As a covered employer under the Family & Medical Leave Act (FMLA), UNI is mandated to provide eligible employees up to 12 weeks of job-protected leave entitlement for qualifying family, medical, and military-related reasons during a 12-month period. This guide is intended to provide you with information regarding your role and responsibilities in the FMLA process at UNI.

Managers should not try to determine whether an employee is eligible for FMLA job-protected leave and should always refer employees to HRS. Once HRS staff is made aware of a leave situation that may qualify under the FMLA, we will provide them with legally required information regarding their FMLA eligibility, rights & responsibilities, appropriate paperwork, and the FMLA qualification process at UNI.

Your supervisory FMLA responsibilities include:

• Understanding and complying with the FMLA, related state laws, and UNI leave policies.
• Recognizing when an employee's absence may fall under the FMLA and when to involve HRS.
• Planning for coverage of the employee's job duties while the employee is absent.
• Approving appropriate use of accruals during an employee's leave of absence.
• Determining your ability to accommodate return to work restrictions.

General information about the FMLA process may be reviewed on the HRS FMLA web page. Contact Human Resource Services at 319.273.6164 or hrs-leaves@uni.edu if you have any questions.

As a manager, you should be able to recognize whether an employee's absence may be for FMLA qualifying reasons because employees won't always request FMLA leave by name. Sometimes they will tell you directly that they need time off for medical treatment or other FMLA qualifying reasons. Sometimes you learn indirectly, such as through an extended absence or repeated requests for leave.

Key points to keep in mind:

• If an employee is absent for more than five consecutive business days, contact HRS or direct the employee to submit an absence request for leave in UNI Works.
• Absences related to pregnancy, workers’ compensation, or hospitalization of the employee (or their family member) will likely qualify for FMLA job protection.
• Employees may qualify for more than one FMLA covered reason during a 12-month period as long as they have not exhausted their 12 weeks of leave entitlement.
• FMLA leave may be continuous, intermittent, or on a reduced schedule basis as determined by the employee’s healthcare provider.

Manager Dos and Don’ts:

• Communicate your department’s/division’s call-in policies and procedures to all employees and enforce them consistently.
• Be mindful of confidentiality and do not share the reason for an employee's absence with their co-workers.
• You may inquire about anticipated length of their absence or potential restrictions upon return to work but avoid asking about medical information.
• You may ask an employee on leave for periodic updates on their status and intent to return to work but you may not require them to perform their job responsibilities.
• Should you receive any medical documents from the employee forward it to HRS and do not keep that information on file in your department.
• Know that the FMLA statute guarantees that employees will be restored to the same or equivalent position upon returning from an FMLA leave of absence.
  • Exceptions might exist if the employee’s job would have been eliminated if they had been working such as through lay-off, non-renewal, or cause that would otherwise support dismissal. Contact HRS in these cases.
• Do not interfere with, restrain, or deny an employee's FMLA rights or retaliate against them for taking FMLA job-protected leave.

FMLA is not always long-term. A few separate absences with a recurring issue may qualify as intermittent FMLA so you should consult with HRS in these instances. If an employee’s situation qualifies and is approved for FMLA job-protection, HRS will inform you of the timing and frequency of intermittent absences as estimated by the healthcare provider.

Keep in mind that chronic serious health conditions (i.e. diabetes, asthma, migraines, mental health conditions) often require ongoing treatment or visits to a healthcare provider. You must permit employees to take intermittent FMLA leave once approved by HRS. To make staffing and timekeeping easier, you may work with the employee to schedule their planned FMLA-related absences (such as for treatment or appointments) ahead of time when possible and appropriate.

Intermittent absences caused by exacerbation of the health condition are often unexpected and employees often cannot give advance notice regarding the need to be absent from work. You should require employees approved for intermittent FMLA leave to follow call-in procedures as normal but you cannot deny the application of FMLA coverage to their absence.

Note: If you suspect abuse of intermittent leave or if the employee’s absences consistently exceed the frequency estimated by the healthcare provider, contact HRS.

An employee on leave for their own serious health condition should not return to work without the proper medical release from their treating healthcare provider.

Keep in mind that we cannot require an employee to be 100% healed (e.g. no restrictions) before allowing them to return to work so you should evaluate whether can accommodate the restrictions identified by the healthcare provider.

Notify HRS if you are not able to accommodate work restrictions since the employee may need to remain on leave until the restrictions are modified.

The 12 weeks of FMLA does not end an employer’s obligations to provide additional leave or accommodations. There are also situations when an employee who needs leave may not be eligible for FMLA leave or may have already exhausted their FMLA leave entitlement during their 12 month period. In all of these circumstances, Human Resource Services along with managers must:

• Evaluate each request for additional time off beyond the 12 weeks of FMLA.
• Determine whether work restrictions may be accommodated.
• Explore intermittent leave and reduced/modified schedules as reasonable accommodations.

NOTE: FMLA can be confusing but the information above should guide you in your manager role to help your employees through this process.

• Learning Opportunity: FMLA & ADA Supervisor Responsibilities
• The Family & Medical Leave Act
• UNI Policy 4.49 FMLA Leave
• FMLA Employer Guide
• DOL FMLA FAQ
• FMLA Employee Protections