FMLA Quick-Reference Guide for Leaders

For faculty and staff with supervisory responsibilities, a fundamental knowledge of the Family and Medical Leave Act (FMLA) is key for supporting employees appropriately and promoting effective application of University leave policies and procedures.

In summary, FMLA-eligible faculty and staff may receive up to 12 weeks (480 hours) of "protected" leave time in a year, which means they will not lose their position, suffer a demotion, or have a decrease in salary because of using Family and Medical Leave. FMLA leave may be for a continuous period of time, or on an intermittent basis depending on employee need and/or what their healthcare provider notes. Reasons to use FMLA may include:

• An employee's own serious health condition.
• Adoption of a child, and care for the adopted child within one year of placement.
• Birth of a child, or care for a newborn within one year of birth.
• Exigency leave for qualified employees with eligible family members in the Armed Forces.
• Care for a qualifying family member with a serious health condition.
• Placement of a child into foster care of a faculty or staff member's home.
• Care for a military member where qualified spouse, child, or parent is on covered active duty.

FMLA Process

Eligible employees who may wish to request FMLA leave for one of the reasons noted above should connect with Human Resources for guidance, as well as inform their supervisor as soon as practical. Basic steps to be taken include:

• Read the FMLA Policy and submit the FMLA Request and Action Form to supervisor.
• Provide the Health Care Provider(s) with a copy of Baylor's FMLA Policy and the Certification of Health Care Provider Form for Employee OR the Certification of Health Care Provider Form for Family Member.
• The Health Care Provider(s) should return the completed Certification of Health Care Provider Form directly to Human Resources.
• Human Resources will review the FMLA Request/Action Form and the Certification of Health Care Provider Form(s), and will notify the individual and their supervisor that their FMLA Request has either been approved or denied, including details of the leave time designated.

Supervisor's Role in the FMLA Process

Supervisors play a critical role in connecting their employees to the resources they may need during personal circumstances that qualify for benefits guaranteed under federal law (FMLA). If approached about the potential need for FMLA leave, or if an employee has an unexpected event arise that may be covered, supervisors should encourage the employee to contact Human Resources for process details. Supervisors may also connect directly with their assigned Human Resources Consultant (HRC) to discuss questions about how leave policies may apply. Faculty and contract staff approved for FMLA leave will be paid according to their contract during the leave time, while eligible staff employees may use Parental Leave, Paid Caregiver Leave, and/or sick and vacation accruals where appropriate. Health insurance coverage will remain in place while an employee is on FMLA leave.

It is important for leaders to refrain from asking for details beyond what an employee is comfortable sharing, as private medical information should be reviewed by Human Resources only. Supervisors should assist with the completion of the FMLA Request and Action form timely, as well as support the employee in preparing work-related items to hand off where leave is foreseeable.

Tips for Managing & Supporting Employees During FMLA Leave

While Human Resources administers FMLA leave and stays in touch with the employee regarding leave status and return to work documentation, leaders also play an important role in ensuring the leave time goes as smoothly as possible for their employees. A few tips include:

• Empower them to be on leave fully: Supervisors should make it clear to their employees that they should not be performing work during FMLA leave time. Employees should be supported in disengaging as appropriate, and with a plan in place for how their responsibilities will be handled in the interim.
• Keep information confidential: Supervisors should refrain from sharing with others in the office details surrounding an employee's FMLA leave. The employee may choose to disclose information or updates with colleagues on a voluntary basis.
• Check in at appropriate intervals: If an employee may appreciate brief, infrequent messages to check in on their wellbeing while on leave, this is acceptable. However, supervisors should remain sensitive and refrain from bringing up work-related topics when doing so.
• Prepare for a smooth return: Supervisors are encouraged to organize a plan to help their employees transition back to work after FMLA leave. Scheduled check-in meetings to review updates and regroup, as well as facilitating communication with key contacts or others in the office who have been assisting with coverage may be helpful.
• Stay in touch with Human Resources as needed: If questions arise during an employee's FMLA leave or unexpected status updates are shared, supervisors are encouraged to contact Human Resources so adjustments to the leave designation may take place, or additional contact may be made with the employee.

Human Resources staff are happy to assist with questions surrounding FMLA leave.

Contact the HR Service Center at askHR@baylor.edu or 254.710.2000, or reach out to your designated HR Consultant.

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