FMLA Management - Supervisors Responsibilities

To maintain compliance with the Family Medical Leave Act (FMLA) while minimizing the potential for excess use of leave time, the NKY Health has established specific supervisors’ responsibilities for FMLA management.

To simplify compliance-related requirements, NKY Health has created its own forms which shall substitute for Department of Labor (DOL) forms.

When an employee who qualifies for FMLA protection requests leave that could be protected by the FMLA, the supervisor must immediately solicit sufficient information to determine whether the leave could be protected by the FMLA.

(Refer to the FMLA Management Resources page for assistance making this determination.)

Any time an absence could be protected by the FMLA, the supervisor must prepare and send notices within five (5) business days of the request. 

(Refer to the FMLA Management Resources page for instructions including forms you can use to simplify the process.)

The supervisor must follow up to ensure that the employee acknowledges receipt of the notices within 24 business hours of receipt.

Leave designated as protected by the FMLA must be coded as FMLA-Sick or FMLA-Annual until paid leave has been exhausted and then FMLA-Unpaid after paid leave has been exhausted.

When in doubt about how to code the time, please consult with the head of Human Resources.

Supervisors must track the leave balance of each of their direct reports and report to the Human Resources (HR) Manager when a full-time employee uses 400 hours of FMLA leave in a 12-month period and is expected to use more than 80 additional hours of FMLA before she/he fully returns to work.

(Refer to the ADP's Workforce Now (WFN) page for a quick reference card on how to set up a report to monitor FMLA balances.)

Before approving a request for leave that has been certified as protected under the FMLA, supervisors must remind employees of the need to re-certify as follows:

• Anytime the amount of leave needed exceeds the current approval.

• Every six (6) months if the leave is ongoing.

6/8/2023

• Added Revision Log

• Changed "see" to "refer to"