Manager Responsibility, Leave of Absence

How is a Supervisor involved in assisting an employee 

needing to request leave under FMLA?

Learn about your role as a supervisor in working with Human Resources and your employee who is requesting a leave of absence under Family Medical Leave (FMLA). What should I do if I learn about an employee needing time off under FMLA? The following section provides guidance on the process as well as your responsibilities:

When Should an Employee Notify the Employer of an Impending Leave?

Employees must provide 30 days’ advance notice for foreseeable leave, or as much advance notice as is practicable. When 30 days’ notice is not possible based upon, for example, an expected birth, placement of a child for adoption or foster care or planned medical treatment for the employee or a family member’s serious health condition, the employee must give notice to the employer on the same day that s/he learns of the need for leave, or the next business day, after the need arises for unforeseeable leave, unless impracticable to do so. An employee who takes a foreseeable leave based on planned medical treatment must make a reasonable effort to schedule planned medical treatment or necessary medical supervision so as to minimize any disruption to campus operations. The employee should provide the anticipated date upon which the leave will commence and the projected duration of the leave to the extent known at the time of providing notice.

Recognize an employee’s possible need for time off under FMLA and notify Human Resources immediately.

1. Inform Human Resources immediately if you become aware of an employee who has taken or intends to take time off for an FMLA qualifying reason. If you recognize that there may possibly be a need for FMLA, refer employee to Human Resources. Keep in mind that an employee need not expressly state the leave is FMLA related. It is the employer’s responsibility to follow up if the employee indicates that he or she needs time off for a reason that may qualify under FMLA. Such knowledge may come in the form of verbal statements, information obtained from a spouse or relative, knowledge of a hospital stay, or absence form work for a serious illness of more than three working days.
2. Communicate with your employee the necessity to notify the Human Resources in a timely manner and comply with policies and procedures related to FMLA requests. If an employee is placed on a medical leave, the department is not allowed to contact the employee in regards to any work related items, including sending e-mail communications and/or contacting the employee via phone.
3. Review the Designation Notice to Employee and Manager provided to the employee by Human Resources. This notice will provide you with pertinent details of the leave to help keep you informed about the employee’s leave. 

Manage the employee through the leave

1. Do not ask the employee about his or her medical condition or the specific medical condition of the qualifying family member. The employer is only allowed to ask the employee to provide certification of a serious health condition, and may not ask about the diagnosis or medical condition giving rise to the leave. Employees themselves may choose to disclose more information. Even if employees choose to make this disclosure to their supervisor or other employees, the supervisor should not share or further disclose this information to others.
2. Confidentially maintain any information and discuss only with Human Resources. All medical certification documents should be submitted by the employee directly to Human Resources. Details surrounding an employee’s request for leave should be maintained as confidential and not discussed with department personnel. If another employee asks where the employee is, the supervisor should indicate he/she is on leave and nothing more.
3. Verify the dates of the employee’s leave through Human Resources.
4. Monitor the employee’s leave usage. The Designation Notice to Employee and Manager provided to the manager outlines the approved leave usage.
5. Contact Human Resources immediately should you have any questions about the dates or duration of the leave. Remember, employees on intermittent leave are still required to follow proper call-in procedures. If employees are not following policy, notify Human Resources as soon as possible.

Employee’s Return to Work

Confirm with Human Resources the employee’s return to work date and status.

• Employees on leave due to their own serious health condition and returning to work without any restrictions must submit a Family & Medical Leave Act (FMLA) Medical Release form completed by their treating physician (or a doctor’s note) and submit to Human Resources prior to their return to work date.
• Employees on leave due to their own serious health condition and returning to work with restrictions must request their health care provider to complete the Family & Medical Leave Act (FMLA) Medical Release form and submit to Human Resources prior to their return to work date. Any restrictions will be evaluated as a request for reasonable accommodation.
• Participate in the Interactive Process – Human Resources will contact you to discuss your employee’s restrictions upon return to work.

Should you become aware of an employee’s need to submit a request for leave or if you have questions about FMLA, please contact Human Resources hr@stmarys-ca.edu