A 7-Point Checklist for Responding to a Request for Family or Medical Leave
Here are the basics for how a nonprofit should handle an employee’s request to take Family and Medical Leave Act (FMLA) leave.
How to handle an employee’s request to take Family and Medical Leave Act (FMLA) leave.
Here are the basics for how a nonprofit should handle an employee’s request to take Family and Medical Leave Act (FMLA) leave. For more, be sure to see Wading through New Family and Medical Leave Act Regulations.
The employer must send the employee an eligibility notice within five business days of request for FMLA leave.
1. The employer must determine if an employee is eligible for FMLA leave (12-month/1250 hour requirement).
2. The employer should decide if it has enough information to certify that the employee has a serious medical condition or if she or he will require medical certification. A request for medical certification should be included in the eligibility notice, with a return date of 15 business days.
The employer must send the employee a designation notice, within five business days of determining eligibility.
3. The employer can designate the leave as qualifying under the FMLA, contingent upon receipt of the medical certification.
4. Once the employer receives medical certification, limited management personnel can directly contact the practitioner to resolve all ambiguities and inconsistencies in the certification.
5. If there is disagreement between the employer and the employee as to whether the leave qualifies under the FMLA, the two parties must sit down and attempt to agree on the situation, with a written record of discussion.
6. The employer should designate what time is considered FMLA leave.
7. The employer should let the employee know if it is requiring a fitness-for-duty certification before the employee returns to work and include a list of the employee’s essential job duties in the FMLA designation notice to give to the medical practitioner.
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About the Author
Pamela Fyfe is an Employment Risk Manager for the Nonprofits Insurance Alliance. In her position she helps nonprofits avoid potential employment claims and reduce the possibility of future claims. Before joining the Nonprofits Insurance Alliance Group, she practiced employment law for more than 25 years — representing management in wrongful termination, discrimination and sexual harassment cases. She admits to possibly having sneaked online at work to see her first grandchild — Mara Adeline — who lives in London.
Articles on Blue Avocado do not provide legal representation or legal advice and should not be used as a substitute for advice or legal counsel. Blue Avocado provides space for the nonprofit sector to express new ideas. The opinions and views expressed in this article are solely those of the authors. They do not purport to reflect or imply the opinions or views of Blue Avocado, its publisher, or affiliated organizations. Blue Avocado, its publisher, and affiliated organizations are not liable for website visitors’ use of the content on Blue Avocado nor for visitors’ decisions about using the Blue Avocado website.
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