FMLA Management Resources
Introduction to the Family Medical Leave Act (FMLA)
Please read this to familiarize yourself with general FMLA concepts. Use the icon in the upper right corner to view the annotations specific to NKY Health.
Annotated Summary of FMLA (SHRM) 9-2020.pdfNKY Health's FMLA Policy
For the complete FMLA Policy refer to Section 5.12 and subsections of NKY Health's Guide Personnel Policies.
How to Determine Whether Leave May Be Protected Under the FMLA
Anytime an employee requests Sick, Vacation and/or Unpaid leave:
When the request falls within the parameters of leave that has already been designated as protected by the FMLA, the supervisor must ensure that the time is coded appropriately on the employee’s timecard and that the leave will not exceed the employee's FMLA entitlement for the 12-month period.
When the request falls outside the parameters of leave that has been designated as protected by the FMLA but is related to the FMLA leave already approved, the supervisor must instruct the employee to submit additional documentation from the health care provider. (This could be as simple as a doctor's note or as complex as a new "Certification by Healthcare Provider" form.)
When the request is a new request, the supervisor must must prepare and send notices within five (5) business days of the request.
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An Employee Could Qualify for FMLA Protection When:
S/He has been employed with NKY Health for at least 12 months and has worked at least 1,250 hours during the 12 months.
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Leave Could Qualify for Protection When It Is:
To bond with or care for the employee’s own newborn child.
To bond with or care for a child that has been placed with the employee for adoption or foster care.
To care for their spouse, son1, daughter1, or parent2 with a serious health condition.3
The employee's own inability to work due to a serious health condition.2
To care for an injured member of the military service if the employee is “next of kin” to the service member (Fact Sheet 28A).
When the employee’s spouse, parent1, or son or daughter is on active duty or receives a call to active duty (Fact Sheet 28A).
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1 Fact Sheet 28K addresses adult children.
2 Fact Sheet 28B and Fact Sheet 28C broaden the definition of parent but do not include parents-in-law.
3 The following are general guidelines to help supervisors determine whether the leave is a “serious health condition”:
Inpatient care in a hospital, hospice, or residential medical-care facility. (This automatically triggers FMLA provided the employee submits documentation.)
A period of incapacity that lasts 3 or more consecutive calendar days. (The three days need not be workday. They could even be over a weekend.)
A period of incapacity due to a chronic serious health condition for any length of time.
A period of incapacity for complications related to pregnancy, flu, elective procedures, and other conditions that are not themselves protected by the FMLA.
A period of incapacity to recover from childbirth.
A period of incapacity which is permanent or long term due to a condition for which treatment may not be effective.
Absences to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three days if not treated.
How to Prepare and Send the Notices
Complete and submit one of the four (4) forms below to initiate the notice(s).
Follow up to ensure the employee acknowledges receipt of the notices within 24 business hours.
(Once acknowledged, you, the employee and Human Resources will receive a copy of the notice in your email. If you don't receive this then it hasn't been acknowledged.)
Notice for Leave Due to a Family Member's Health Condition (including caring for a servicemember injured/ill in the line of duty). Please use the Notice for Leave Due to Military Exigency for other types of FMLA-protected military leave. Please use the Notice for Bonding Leave instead when the employee wants to take a full 12 weeks immediately after the birth of his baby.
Notice for Bonding Leave (to spend time with a new baby within one (1) year of the baby's birth or to spend time with a foster or adopted child within one (1) year of the legal placement of the child with you.) Once the leave begins, it ends when the employee returns to work. Please use the Notice for Leave Due to Employee's Own Health Condition or the Notice for Leave Due to Family Member's Health Condition if an employee wants to miss work immediately following the baby's birth and reserve bonding leave for later.
Links to Helpful FMLA Resources for Supervisors
ADP's Workforce Now (WFN): Find instructions about how to modify ADP's WFN so you can view the history of FMLA leave your staff has used between 2010 and the current date.
FMLA Fact Sheets: Fact sheets that the Department of Labor (DOL) has issued to clarify FMLA issues.
FMLA Forms for Employees: Access forms that employees must complete for leave that could be protected by the FMLA. Use this link if you need to provide guidance or send the forms to them in the event that they cannot access them on their own.
Link to FMLA page on HR Site for Employees.