Family and Medical Leave Act (FMLA) Procedures
AFSCME(BL) 5.12 • AFSCME(IN) 10.6 • AFSCME(SB) 5.8 • CWA 12.2 • PA/SS 10.8 • Hourly 6.2
Staff covered by these procedures
This procedure should be used with all Support, Service, and Professional Staff at IU.
- Note: Hourly employees who meet eligibility requirements also have the position security offered under FMLA.
This information is only a general summary of the steps to follow for Indiana University staff, when considering a request or need for family or medical leave. An employee may request a leave, or may just provide you with information to make you aware of absences that may be eligible for FMLA protection. In either case, take the following steps to see if and how the FMLA applies to the employee.
-
FMLA requests or designation should be processed for each new calendar year or as the need for FMLA leave arises. Please see the “Special Issues” information at the end of the procedures. For help in discussing the purpose and process of FMLA, training is provided through UHRS training programs.
-
If you are aware that the reason for an absence from work qualifies under FMLA, designate it as FMLA leave, even if the employee does not request it. Complete the forms as described below and provide copies as noted.
Step 1. Complete top part of Form #1
Once aware of an absence that may qualify under FMLA or to apply for FMLA for a new calendar year, ask the employee to complete the top part of Form #1, "FMLA Leave Notice or Request, Approval and Information". If the employee does not wish to complete the form, you must initiate the process and complete as much of the top part of the form as possible.
- Explain the purpose of FMLA to the employee. For assistance, contact UHRS or your campus HR office.
Determine if the employee is eligible for FMLA under the law. To be eligible, the employee must meet all of the requirements described below. The employee must have:
-
Been employed at Indiana University for at least 12 months. Any portion of a week that the employee is on the payroll counts as a full week toward FMLA eligibility. Employment does not have to have been continuous.
-
Worked at least 1,250 actual work hours during the 12-month period prior to the first day of the leave. Use only time actually worked in the calculations. Time paid but not worked (such as vacation, sick, etc.) does not count toward the 1,250 hours.
-
The 1,250 work hour requirement also applies when an employee is reapplying for FMLA for a new calendar year. If the need for FMLA does not end with the end of a calendar year, the employee must have worked 1250 actual work hours in the prior calendar year to meet eligibility for FMLA coverage for the new calendar year. If eligible, the employee's FMLA entitlement will be for up to 12 weeks in the new calendar year. The department should start a new Form 1 for the new calendar year and request new medical certification, if for a serious health condition.
-
Not already used 12 weeks of FMLA entitlement in the current calendar year.
- Note: Time in the military service covered under the Uniformed Services Employment and Reemployment Rights Act (USERRA) will count towards fulfilling the length of employment and hours of work requirements to be eligible for an FMLA leave.
Proceed to Step 3 if the employee meets all of these requirements. If the employee does not meet all of the requirements, then proceed to Step 4.
Step 3. Determine qualifying reasons
Determine if the reason for the absence is one of the qualifying reasons listed below.
-
Birth of a child and to care for a newborn child of the employee, spouse as defined by Indiana law, or same sex domestic partner as qualified by the University's Affidavit of Domestic Partnership.
-
Placement with the employee of a child through adoption or foster care.
-
Care for the employee's spouse, same sex domestic partner, dependent child (as determined by eligibility for IU health care coverage), child of the same sex domestic partner, or parent of the employee who has a serious health condition.
- A serious health condition that renders the employee unable to perform the functions of his or her job.
If an employee is off work due to an on-the-job injury or illness that also meets the definition of a qualifying reason under the FMLA, an FMLA leave may be designated by either the employee or the employer. See “Special Issues” section at end of procedures. The absence may be counted in both the Worker's Compensation and FMLA programs. Consult with Risk Management and UHRS or your campus Human Resources office on these cases.
Proceed to Step 5 if the employee meets any of these qualifying reasons. If the employee does not meet any of the qualifying reasons, proceed to Step 4.
If you are uncertain whether the reason is a qualifying one, contact UHRS or your campus Human Resources office for assistance.
Step 4. Deny leave of absence if applicable
-
If the reason is not a qualifying reason or the employee does not meet eligibility requirements, complete the "Leave of absence denied" portion of Form #1, "FMLA Leave Notice or Request, Approval and Information".
-
Provide a copy of both pages of Form #1 to the employee and University Human Resource Services or to your campus Human Resources, within two business days of receipt or your initiation of the form.
-
If the employee does not yet meet the eligibility requirements, track the time worked and advise the employee once eligibility requirements have been met (refer to Step #2 for requirements).
-
Follow the university's personnel policy if you wish to grant a discretionary leave of absence.
x End of the procedure if not eligible or qualified.
Step 5. Select reason for leave and complete appropriate forms
Reason #1: Birth, adoption, or care of a newborn
If the absence is for the care of a newborn or the birth of the child of the employee, spouse as defined by Indiana law, or same sex domestic partner as qualified by the University's Affidavit of Domestic Partnership, or placement of a child for adoption or state foster care placement (with the employee) AND the employee is eligible under the law, do the following:
-
Complete the approval section of Form #1, "FMLA Leave Notice or Request, Approval and Information". Medical certification is not required for normal births. If the absence is due to a health problem related to the pregnancy, proceed to "Reason #2: Serious health condition" procedures.
-
Provide a copy of both pages of Form #1 to the employee and University Human Resource Services or your campus Human Resources office within two business days of receipt or your initiation of Form #1.
Do not require medical certification for this reason, but non-medical certification (such as a birth certificate) is acceptable, if necessary, to substantiate an employee's claim.
Reason #2: Serious health condition
If the absence is because of the employee's serious health condition, or to care for the employee's seriously ill spouse, same sex domestic partner, dependent child (as determined by eligibility for IU health care coverage), child of the same sex domestic partner, or parent of the employee who has a serious health condition AND the employee is eligible under the law, do the following:
-
Check "Leave of absence conditionally approved pending receipt of medical certification" on Form #1.
-
Within two business days of initiation of Form #1, FMLA Leave Notice or Request, Approval and Information" give the employee copies of both pages of Form #1 and the Medical Certification Form #2E or #2F (to have been fully completed and signed by the health care provider). Attach a list of essential functions performed by the employee for the health care provider's consideration if for the employee’s health. Please convey to the employee that Form 2E or 2F must be fully completed by the health care provider for final approval of FMLA coverage to be granted and to prevent delay in the FMLA protection.
- Submit copies of both pages of the Form #1, to University Human Resource Services or your campus Human Resources office.
- Note: FMLA law does not permit the employer to contact the health care provider.
Medical certification received
Within two business days of receipt of the completed Medical Certification Form #2E or #2F, make a final determination to approve or deny the FMLA coverage, if forms are fully and properly completed. DO NOT sign final approval until Form #2E or #2F is fully reviewed and properly completed. If not fully completed by the health care provider, return it to the employee to request full completion and clarification. If needed, your campus HR office may review the medical certification if there is a question by either the employee or the department.
When medical certification has been fully reviewed and final approval is granted, complete the last section of the first page of Form #1. Provide a final copy to the employee and to University Human Resource Services or your campus Human Resources office. Contact your Human Resources office for assistance in reviewing medical certification, if needed.
Proceed to Step 6 if FMLA receives final approval.
x End of the procedure if not approved.
Have the employee complete the "FMLA Time Off Accrual Designation Sheet." During the leave period, keep track of the actual number of hours taken for each qualified FMLA, using the "FMLA Time Designation/Tracking Sheet" for all employees. The maximum hours of leave taken as FMLA in any one calendar year cannot exceed 480 hours (12 weeks) (prorated by FTE).
-
The normal limitation on annual usage of Paid Time Off and vacation time does not apply for FMLA-covered leave. Code time off (as a part of FMLA leave) with the appropriate coding on the payroll vouchers and attendance records.
-
During an FMLA absence, all available leave accruals are to be used before an employee is to be placed in an absent without pay status. This includes any leave accrued during an FMLA absence.
-
If the employee is absent without pay for more than 30 calendar days, an E-Doc must be initiated, placing the person on an unpaid leave of absence for the balance of the FMLA entitlement period. This will ensure that HR notifies the employee to make arrangements to continue necessary insurance premiums. When it is known that the period without pay will exceed 30 days, the department is to process the appropriate HRMS documentation to place the employee on a leave of absence for the balance of the FMLA leave.
-
If compensatory time is used during an FMLA absence, such use shall not be counted against the employee's FMLA entitlement.
Step 7. Prepare for the employee's return
-
At least two weeks before the leave is scheduled to end, send the employee Form #3, "Release/Intent to Return to Work from FMLA." Form #3 may also be given to the employee at the beginning of the FMLA, especially if the time off is to be less than one month.
-
Mark on Form #3 that the employee is required to have the health care provider complete the bottom portion of Form #3, before the employee's return, if the employee's condition is related to any of the following and not for intermittent absences or child placement.
-
Communicable diseases including but not limited to hepatitis, AIDS, tuberculosis, etc.;
-
Surgery requiring hospitalization or work restrictions;
-
Medical/psychological conditions requiring ongoing office visits and treatment, including but limited to cancer, chemotherapy, dialysis, bipolar disorders, etc.
-
Attach a list of essential functions performed by the employee for the health care provider's consideration if absence was for the employee’s health.
All FMLA related documentation must be maintained within the department in a locked file, separate from other personnel files.
If both the mother and father or qualified same-sex domestic partners of a newborn are IU employees, each will be entitled to up to 12 weeks FMLA-covered absence per calendar year, if meeting individual FMLA eligibility. This also applies to adoption and foster care placement. FMLA qualification extends until the child is one year of age or in the case of child placement, the child has been in the employee’s home for one year.
If the reason for FMLA changes or if the employee returns from FMLA-covered leave and then requests another FMLA, a new Form #1 must be submitted to determine eligibility requirements and qualifying reasons at the time of the new request.
If an FMLA-eligible employee who is absent for an FMLA qualifying reason, does not want the absence to be counted as FMLA covered leave and will not provide medical certification, do not approve the use of PTO, vacation, sick, or other paid time off.
FMLA should start immediately if an FMLA eligible employee who is under Worker's Compensation for a work related injury declines a modified position assignmentoffered under Worker's Compensation.
Whenever medical certification is unclear or the validity is questionable, contact your campus Human Resources office to discuss options permitted under FMLA regulations.
All IU campus locations: Contact your campus HR representative for assistance and procedural questions.
IU Bloomington location: Contact the Employee Relations Assistant at 812-856-6047.
