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FMLA INSTRUCTION GUIDE 2004

 

◊ FMLA is a Federal Act that protects an employee’s position for up to 12 weeks under certain circumstances and when all required conditions have been met.

 

◊ Who is eligible for FMLA?: Employees who have worked a total of 12 months at  Vanderbilt AND have worked 1250 hours in the previous 12 months may qualify for FMLA.

Note: Employees who do not meet all of these requirements may be eligible for other types of leave.  Please contact Employee Relations for additional information at 322-7259.

◊ Qualified Family members under FMLA Federal Guidelines: Spouse, parent, biological child, stepchild, adopted child, foster child and child(ren) for which you have legal and/or daily responsibility.

 

• Please have staff members read Policy # 12 on the Human Resources Website.
• If the staff member has any further questions relating to their specific circumstances please have them contact Employee Relations at 322-7259.  Managers are not to discuss or inquire into employee’s private medical conditions.
• If a manager has concerns that an employee may need to apply for FMLA due to issues with absenteeism please contact Employee Relations for advice at 322-7259.

 

 

FMLA Process:

 

Step One – (Employee)

• Employees should submit two forms to begin the FMLA process:
• FMLA Staff Member Leave of Absence Request – turn in to supervisor (this lets them know that you are applying for FMLA.)
• FMLA Medical Provider Certification – This needs to be filled out by the doctor and sent directly to Occupational Health at fax number 936-0966 or hand delivered to 640 Medical Arts Building.  Do not give to supervisor. 

 

Step Two – (Management)

• In certain circumstances management may need to start the FMLA process without employee initiation.  Contact Employee Relations at 322-7259.
• When supervisor receives Leave of Absence Request or is notified of an emergency they should document the notice and send:
• FMLA Notification of FMLA designation to be sent to Staff Member upon Leave Request and FMLA Medical Provider Certification to the employee via certified mail (return receipt requested) Date sent: ________________________
• Under NO circumstances should any member of management accept the Certification Form from the employee, this must go directly to OHC at 936-0966.

 

Step Three – (Management)

• Begin tracking time taken off with the Family & Medical Leave Utilization form. Send these completed tracking forms to Employee Relations once a month.  Keep internal records of time the employee has taken, Employee Relations does not track time used for individual departments.

 

Step Four – (Management)

• Once OHC and Employee Relations have reviewed the medical documentation of one of the following forms will be sent to the employee’s supervisor:

 

• Request For Additional Information Form – Hand a copy to employee or send via certified mail (return receipt requested) Date sent:_________________________ Employee then has a doctor update this form and sends it to Occupational Health as they did with original Certification form.

 

• FMLA Determination marked “Denied” or “Non-Qualified Medical Reason” – Hand or send FMLA Letter to be Used When Leave is not Approved. Send via certified mail (return receipt requested) Date sent: ________________________ Direct all questions to Employee Relations at 322-7259.

 

• FMLA Approval Determination – The nature of the leave time approved will determine which type of leave letter should be issued to the employee.  Either the FMLA Approval Letter for Chronic or Intermittent Leave or FMLA Leave Approval Letter will be handed to employee or sent to via certified mail (return receipt requested.) 

 

• Complete PAF designating FMLA leave, mark effective date that FMLA started, paid or unpaid status.

           PAF Form can be located at:  Forms and Documents

Step Five – (Employee)

• If employee is returning from medical leave for their own health condition they must have the physician complete the FMLA Request to Return from Leave of Absence form.  This releases them to return to work.  Forward the form to Occupational Health at 936-0966.  If there are any restrictions not listed on the FMLA Determination contact Employee Relations at 322-7259.

 

Step Six – (Management)

• Contact Employee Relations at 322-7259 if the employee has used the full 12 weeks and no longer has FMLA time available. (Note: TMLA – Tennessee Maternity Leave Act, allows for a total of four months leave for childbirth or adoption.)

 

All forms can be located at:  Forms and Documents

(Click on “Alpha listing of Forms” then on “F” to locate FMLA forms)

 

• All forms shown in bold can be found on the web.
• All underlined forms will be sent from Employee Relations.

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