Q: Who is responsible for filling out and sending in the FMLA tracking form?
A: The supervisor

Q: If an employee is on intermittent leave, and they’re out of sick time, does a status form need to be done?
A: No. They would just need to fill out the unpaid code on the report of absence form

Q: Are their exceptions to what a child is considered to be under FMLA?
A: Yes, although HR has a set definition, there can be other considerations. If you have a question on it, call HR

Q: Is it a requirement for FMLA to run concurrently with sick time?
A: Yes. FMLA is a benefit that is designed to protect the employee’s job. They can’t be penalized for it, nor can they be replaced while on FMLA. It is not mandatory for them to use FMLA, and could solely use sick time, but then they’re not protected.

Q: What happens if my staff member is a habitual user of FMLA, and I’m concerned about them abusing the system?
A: We can always ask for more medical information to see if the days off are necessary.
(Basically there are ways to be sure that they’re not abusing) If this is something that you are concerned with, contact HR.

Q: How many FMLA claims can you have at one time?
A: You can have multiple FMLA claims, but total of all of them still cannot exceed 12 weeks in a rolling year.

Q: Do you accrue vacation/sick time when on FMLA?
A: Only if you’re on paid status

Q: When does a status form need to be done for FMLA?
A: As soon as the employee goes onto unpaid leave. They first use all their paid sick time, then vacation time (if they have it and want to use it), and then they are on unpaid leave.

Q: Can HR talk to my spouse about FMLA?
A: No, HR or any other University cannot talk to the spouse about medical information

Q: If someone has a medical condition, are they required to go on FMLA?
A: No, but the University is required to offer it to them. And, there has to be a medical release in order for the employee to come back to work.

Q: Does the employee get paid for a holiday while on FMLA?
A: If the employee is on unpaid leave for FMLA, they cannot be paid for any holiday that falls during the time they are away.

Q: If a husband/wife both are employed by the University, how much time would they get for FMLA?
A: Under FMLA, the two people would get a total of 12 weeks, not 12 weeks each.

Q: Is it true that FMLA for faculty goes through the Provost’s Office?
A: Yes, everything is processed there.

Q: Can you apply for FMLA after the employee has been sick?
A: Yes, you can apply for FMLA for a few days after they missed work. After an extended amount of time however, this cannot be done.

Q: When you have an employee on intermittent leave, when should the tracking forms be sent in?
A: At the very most every quarter. Every month would be a good option as well.

Q: Who’s responsibility is it to keep track of when an employee’s FMLA expires?
A: HR sends out a notification.

Q: Sick leave for exempt employees?
A: Exempt employees get 6 months of paid sick leave. They do not have to fill out any absence reports for this time. If they are on FMLA, they do need to complete the FMLA tracking form to keep track of the 12 weeks. The 5 day limit on paid family sick does apply to exempt, and they do have 2 personal days. As with non-exempt, FMLA and paid sick time run concurrently.

Q: What if an employee chooses to remain on leave for an FMLA condition after the doctor has released him/her to return to work?
A: They would go to unpaid status, effective as of the date of the release.

Q: What if the doctor has not released them, but their 12 weeks of FMLA are up?
A: Once an employee has exhausted BOTH his/her 12 weeks of FMLA AND his/her paid sick leave, he or she is no longer job protected. An exempt employee is job protected for the entire 6 months of paid sick.

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