Family & Medical Leave Act (FMLA)

FMLA Instructions

STEP ONE - Employee Request / Notice Requirements

An employee must make a request for FML (aka leave) to their supervisor or a Benefits Analyst and provide the anticipated timing and duration of the continuous, intermittent, or reduced work schedule leave.

When the need for leave is foreseeable, an employee must give their supervisor or a Benefits Analyst at least 30 calendar days' advance notice of the need for leave, if practicable, and submit the request for leave in the Workday absence calendar. If 30 calendar days' notice is not possible, then the employee must at least give verbal notice to the supervisor or a Benefits Analyst no later than the next business day after the employee becomes aware of the need for leave and then immediately submit the request in Workday self-service.

When the need for leave is not foreseeable, such as for a medical emergency or other unforeseen events, an employee must provide at least verbal notice as soon as practicable to their supervisor or a Benefits Analyst.

An employee must provide additional notice to their supervisor or a Benefits Analyst within the same timelines described above when:

• Circumstances of the initial leave change;
• When the employee requires an extension of leave; or
• When the employee makes a new request for leave.

If the notice is received in the department, by a supervisor, it should be forwarded immediately to the attention of a Benefits Analyst at fml@cscc.edu or the supervisor can put the leave request in Workday on the employee's behalf. 

If an employee fails to meet the notice requirements described above, the start of the leave may be delayed and any absences during the delay may be counted as non-FML absences and may be subject to departmental attendance policy or practice, which may include discipline.

STEP TWO - Eligibility Notice

Within five business days following an employee's request for leave, a Benefits Analyst will determine if the employee is eligible (meets eligibility requirements, appears to have a qualifying reason for taking FML, and has an available balance of the applicable FML Entitlement) to take FML and will give eligibility notice to the employee, absent extenuating circumstances. A Benefits Analyst may verbally notify the employee of their eligibility to meet the five-day timeline but must confirm eligibility in writing with a completed Notice of Eligibility and Rights & Responsibilities form.

STEP THREE - Certification

The eligibility notice (described above) provided by a Benefits Analyst will indicate whether the employee is required to submit a completed certification from their physician or the physician of their family member. A Benefits Analyst may request certification at a later date if there is reason to question the appropriateness of the leave or its duration.

The employee must return a complete and sufficient certification to a Benefits Analyst within 15 calendar days following a Benefits Analyst's request. If a certification is required for a leave request that is due to the employee's own serious health condition, then the Benefits Analyst may, if deemed necessary, provide the employee with a job description or statement of the essential functions of the employee's position for the employee's health care provider to review. The health care provider must then use the job description or statement to specify what functions the employee is unable to perform and what limitations, if any, the employee may have and for what duration.

Upon receipt of an employee's certification, a Benefits Analyst will determine if the certification is complete and sufficient. The employee may be required to remedy any deficiencies in the documentation within seven calendar days. A Benefits Analyst may contact the employee's physician's office for clarification or authentication of the medical certification; however, under no circumstances will the employee's supervisor contact the employee's health care provider.

A Benefits Analyst may require recertification when an employee requests an extension of leave, when the circumstances described by the previous certification have changed significantly, or when the supervisor receives information that casts doubt upon the reason for the absence or the continuing validity of the previous certification. In all cases, recertification of a medical condition may be required every six months to a year in connection with an absence by an employee. If the employee fails to provide the required certification or recertification, or fails to remedy any deficiencies in the certification absent extenuating circumstances, the leave may be denied until the employee produces sufficient certification.

STEP FOUR - Designation Notice

When it has been determined that the employee has provided complete and sufficient certification for a leave, a Benefits Analyst will notify the employee whether the leave is designated and counted as FML by providing the employee a completed Designation Notice form within five business days of making such determination, absent extenuating circumstances.

STEP FIVE - Reinstatement / Return to Work

An employee must return to work on the first scheduled workday after the last day of approved FML or request additional leave on or before the last day of approved leave. When an employee returns to work on or before the expiration of FML, the employee's department will reinstate the employee to the same position the employee held when the leave commenced or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment.

If the leave was due to the employee's own serious health condition and a release to return to work is required, the employee must provide such certification from his or her health care provider on or before the date the employee is scheduled to return to work. If the employee fails to provide the fitness-for-duty certification by that time, the restoration to employment may be delayed until the employee submits the required certification.

If the employee's position or appointment will end or terminate prior to the expiration of FML (i.e. due to layoff, non-renewal), the employee will not be entitled to reinstatement as long as the employee's position or appointment would have terminated irrespective of the employee's use of the leave.

If an employee requires additional leave from work beyond the basic leave entitlement or military family leave entitlement, the employee may request to use any remaining accrued paid time or request an unpaid leave, subject to approval by the employee's supervisor, or department head. Departments should consult with their HR Business Partner prior to finalizing a decision on such a request.

An employee who requires reasonable accommodation for a disability under the Americans with Disabilities Act (ADA) (as amended), including any extension of leave following FML, should make a request for reasonable accommodation through Columbus State's ADA Benefits Analyst (adaemployee@cscc.edu), who will assist employees in need of a special accommodation(s), as soon as the employee believes that such an accommodation may be required.