According to The Family Medical Leave Act (FMLA) regulations, an employee only needs to give an employer a short and plain statement of his or her need for leave. He/she doesn’t have to mention FMLA at all when asking for extended time off. It is up to you, as Business Manager or School Head, to determine if the employee qualifies for FMLA.
So, how do you know what you should be listening and looking for? This can be a tricky one.
In a recent case, an employee sued for not being granted time off when he informed his employer he needed to leave to deal with a family emergency. The courts sided with the employee saying that his designation of “family emergency” was enough to put the company on notice of his need for FMLA leave.
In most cases, an employee is expected to give at least 30 days notice of a need for FMLA leave, unless the need is unforeseen, in which case the employee should notify the employer as soon as possible. But, he/she doesn’t need to ever mention FMLA in their request. According to FMLA regulations, “An employee giving notice of the need for FMLA leave does not need to expressly assert rights under the Act or even mention the FMLA to meet his or her obligation to provide notice, though the employee would need to state a qualifying reason for the needed leave and otherwise satisfy the notice requirements.”
After notice is given, it then your responsibility to notify the employee of his/her rights and responsibilities within five days, determine if he/she is eligible, provide the proper certification if appropriate, clarify documentation if it’s returned for missing fields, and send a designation form to the employee notifying whether the request has been approved or denied.
For more information about FMLA requests visit shrm.org.
For more information about FMLA visit the United Stated Department of Labor Web site.
Additional ISM articles of interest
ISM Monthly Update for Human Resources Vol. 7 No. 7 Ask Michael
Additional ISM articles of interest for Consortium Gold members
I&P Vol. 33 No. 16 Family Medical Leave Act (FMLA): Updates and Reminders for Private-Independent Schools
I&P Vol. 33 No. 12 Military Personnel and Families: Important FMLA Update and Other Reminders
