How to Approve or Deny a Request for FMLA Leave

1 How to Approve or Deny a Request for fmla Leave E mployees may have a right to unpaid, job- protected Leave under the federal Family and Medical Leave Act ( fmla ). Under the STEP 2: RESPOND TO A Request FOR. fmla Leave . fmla , covered employers must provide eligible An employer may learn of a Request for fmla . employees with specific notices pertaining Leave when the employee submits a Request to their fmla rights and responsibilities and or when the employer acquires knowledge designate Leave as fmla when appropriate. that an employee needs Leave that may be This guide provides the typical steps in for an fmla -qualifying reason. According to approving or denying an fmla Leave Request . fmla regulations, An employee giving notice of the need for fmla Leave does not need to STEP 1: PROVIDE EDUCATION AND expressly assert rights under the Act or even NOTICES mention the fmla to meet his or her obligation to provide notice, though the employee would Under the fmla , covered employers are need to state a qualifying reason for the required to post a general notice of the fmla needed Leave and otherwise satisfy the notice provisions for employees.

2 In addition, if there requirements.. are eligible employees, covered employers are required to distribute the general notice The employer is required to respond to the to employees. This notice is typically included employee within five business days of receiving in employee handbooks, procedure manuals a Request or of becoming aware of the need for or new-hire paperwork or is posted on the fmla Leave . The easiest way to comply with organization's intranet. Employers should this response requirement is to use the fmla . develop and facilitate training for employees model form Notice of Eligibility and Rights &. and supervisors on what fmla means; when, Responsibilities (WH-381) (PDF). where and how to Request fmla Leave ; and the procedures for filing complaints of violations of the act.

3 Looking for more timely HR and compliance resources? See what SHRM Membership offers at 01. The employer's response must establish absence is fmla qualifying ( , birth of a whether the employee is eligible for fmla child, workers' compensation injury ). Employers Leave and notify the employee of his or her should be consistent, though, in the policy and rights and responsibilities under the fmla . An practice of requiring medical certifications from employee is eligible for fmla Leave only if employees requesting fmla Leave . the employee meets all three of the following eligibility requirements: (1) Has been employed The Department of Labor (DOL) has published by the employer for at least 12 months, and (2) four different model certification forms.

4 The has been employed for at least 1,250 hours of forms are simply tools to help employers in the service during the 12-month period immediately administration of fmla Leave . When requiring preceding the commencement of the Leave , a medical certification, employers should select and (3) is employed at a worksite where 50 or the appropriate form below to include with the more employees are employed by the employer Notice of Eligibility and Rights & Responsibilities within 75 miles of that worksite. An employee (Form WH-381). Employees must be allowed up who works remotely (75 miles or more from the to 15 calendar days to complete and return their employer's office) is covered under the fmla certification form.

5 See: if the office to which the employee reports and from which assignments are made has 50 or Certification of Health Care Provider for more employees working within 75 miles of Employee's serious Health Condition (Form its location. The fmla regulations state, An WH-380E). employee's personal residence is not a worksite in the case of employees, such as salespersons, Certification of Health Care Provider for Family who travel a sales territory and who generally Member's serious Health Condition (Form Leave to work and return from work to their WH-380F). personal residence, or employees who work at home, as under the concept of flexiplace Certification of Qualifying Exigency for or telecommuting.

6 Rather, their worksite is the Military Family Leave (Form WH-384). office to which they report and from which assignments are made. certification for serious injury or illness of Covered Servicemember for Military Family If the employee does not meet these three (Form WH-385). criteria, the employer's responsibility is to notify the employee of ineligibility for fmla Leave by Employers usually hand-deliver fmla forms to specifying at least one criterion the employee employees. If that is not possible, fmla forms does not meet on Form WH-381. may be mailed to the employee's address of record. STEP 3: DETERMINE CERTIFICATION. NEEDS STEP 4: DETERMINE CLARIFICATION. AND AUTHENTICATION NEEDS, IF ANY.

7 Employers typically respond to fmla Leave requests by providing the employee with the On occasion, certification forms are returned Notice of Eligibility and Rights & Responsibilities to the employer incomplete or with insufficient (Form WH-381) and a medical certification form. information. A certification is considered There is no requirement for an employer to incomplete if the employer receives a Request medical certification if an employer has certification, but one or more of the applicable enough information to know that an employee's entries have not been completed. A certification Looking for more timely HR and compliance resources? See what SHRM Membership offers at 02. is considered insufficient if the employer Employers may Request a third opinion, receives a complete certification, but the again at the employer's expense, when the information provided is vague, ambiguous or opinions of the employee's and the employer's nonresponsive.

8 The employer must provide designated health care providers differ. An the employee seven calendar days (unless not employer and employee must agree on a practicable under the particular circumstances third health care provider. If the organization despite the employee's diligent good-faith fails to reach an agreement on a health care efforts) to correct any such deficiency, and provider, the organization may be bound by the employer must inform the employee of the first certification. If the employee fails to the consequences for failure to provide the reach an agreement on a health care provider, certification. If the employee fails to provide the the employee may be bound by the second certification, the employer ( , a health care certification.)

9 If a health care provider is agreed provider, human resource professional, Leave on, the third opinion will be final and binding. If administrator or management official) may the third opinion does not entitle the employee contact the employee's health care provider to fmla Leave or if the employee or family directly for purposes of clarification and member's health care provider refuses to authentication. The employee's direct supervisor release relevant information to the employer's may not, under any circumstance, contact designated health care provider on Request , the the employee's health care provider. If the fmla Leave may be denied. deficiencies specified by the employer are not corrected in the resubmitted certification, the STEP 6: Approve OR DENY THE Leave .

10 Employer may deny the taking of fmla Leave . The DOL published a model Designation Notice STEP 5: OBTAIN SECOND AND THIRD (Form WH-382) that can be used to notify the OPINIONS, IF NEEDED employee whether his or her fmla Request has been approved or denied. If employers Sometimes an employer may doubt the validity have enough information on the initial Request of a medical certification. In this situation, an to Approve or deny the fmla Leave , they may employer may be able to obtain a second supply the Designation Notice (Form WH-382). medical opinion at the employer's expense. at the same time as the Notice of Eligibility An employer may designate the health care and Rights & Responsibilities (Form WH-381).