Penn State University Libraries - FMLA

What is the FMLA?

The Family Medical Leave Act of 1993 covers all employees who have worked for the University for at least 12 months and have worked at least 1,250 hours in the last 12 months.

Employees are eligible for 12 weeks of FMLA-protected time in a revolving calendar year. This does not mean paid time, but only that any time taken (paid in the form of sick or vacation, or unpaid time) is protected and the employee cannot be disciplined for missing this time. This time may be in the form of a continuous leave of absence, or may be used intermittently. Any paid time used during the FMLA leave will run concurrently with FMLA time.

Time missed is qualified under the FMLA for the following reasons:

• to care for a child after birth, adoption, or placement for foster care;
• to care for spouse, child, or parent with serious health condition; or
• your own serious health condition makes you unable to perform your job.
• a child, parent, or spouse is called to active military duty.

In addition, FMLA provides for a total of 26 workweeks of unpaid leave during any consecutive 12-month period when you are needed to care for a child, parent, spouse, or next of kin who is a military service member who was injured in the line of duty.

What if an employee does not want to designate missed time as FMLA?

It is not up to the employee whether they wish time to be qualified under the FMLA. Under the FMLA, the University is obligated to designate time missed as FMLA time when the time qualifies for one of the above reasons.

The FMLA offers the employee the protection that they cannot be disciplined for time missed that qualifies under the FMLA, and it also protects their position during the absence. If an employee bids on a position in another area of the University which has sick leave limitations, any time designated as FMLA is not considered missed time for this purpose. In addition, FMLA processes improve communication, helping to ensure that the employee is not required to perform functions that are outside of any limitations set by the physician during the leave.

What are my responsiblities as a supervisor?

• Contact LHR when any of the following occur:
  • Employee has missed three consecutive days of work;
  • Employees disclose medical condition or indicate they are seeking diagnosis or treatment from a physician for a medical problem; or
  • Employee continues to miss intermittent time over the course of a month.
• When an employee is out and returns the FMLA form or other medical updates, have the employee submit the materials directly to LHR, or if they are mailed to you, they should be sent immediately to LHR.
• In cases when LHR advises that the employee cannot return to work without an authorization, send the employee up to LHR when they arrive if LHR has not advised they have submitted the necessary paperwork. They should NOT be allowed to begin working.
• Ensure that any time designated as FMLA is marked appropriately in the attendance system.
  

Remember: it may be difficult to determine if an employee's absence is something which qualifies under the FMLA. If any of the three above reasons apply to any of your employees, please contact Cathy O'Connell in the Libraries Human Resources office for assistance.

What are my employee's responsibilities?

• Provide 30-day notice of leave when foreseeable.
• In an emergency, notify supervisor as soon as possible.
• Have his/her healthcare provider complete and return the Certification of Health Care Provider Form to LHR by the date specified.
• Provide updates to the supervisor and LHR as specified in the Designation Notice form (received from LHR in response to your completed certification form). Medical documentation should be turned in directly to LHR. Make sure to contact LHR immediately if there are any changes to leave needs.
• Mark absences related to the approved FMLA leave by checking the FMLA box under the corresponding time used in the attendance system.

Further information about the FMLA, can be found on the Employee Benefits Website.  This page includes a link to an FLMA poster you may post in your area and a link to the U.S. Department of Labor's site, which contains compliance assistance and many question and answer topics related to the FMLA.