The Family and Medical Leave Act provides eligible employees
up to 12 weeks of unpaid leave each calendar year for birth, adoption,
or foster care of a child; to care for an immediate family member
with a serious health condition; and to care for the employee’s
own serious health condition.
It is the responsibility of each supervisor/manager to insure
that eligible employees are granted FMLA leave for FMLA protected
health conditions. Under this Federal law, supervisors/managers
can be held personally liable for violating employees’ FMLA
rights.
Effective immediately, all FMLA documents are to be retained
in the home departments of the FMLA eligible employees.
The Department of Human Resources Management (HRM) will continue
to assist supervisors/managers in determining the FMLA eligibility
of employees; however, HRM will no longer maintain FMLA records.
It is imperative that all FMLA leave is accurately reported in
the Kronos time keeping system for nonexempt (biweekly paid) employees
and on the monthly time summaries for exempt (monthly paid) employees.
Health records (including FMLA letters and certification forms) must
not be kept in employee personnel files, they must to be kept in a separate
location by the department. Each department is responsible for maintaining
records of employees’ FMLA eligibility, letters declaring employees
on FMLA and FMLA leave usage. These records must be kept current and
on file for 4 years. The records must be available at all times for
audit by the Medical University’s Internal Auditor, state and
federal authorities, the Department of Human Resources Management, and
the Department of Payroll. Records must include:
- Letters notifying employees of FMLA eligibility.
- FMLA Certification forms completed and signed by the authorized
Healthcare Providers.
- Leave Request forms signed by employees and supervisors/managers.
