Processes

University Paid Funeral/Bereavement Leave

• University Paid Funeral/Bereavement Leave

Health-Related Leave

• Blood/Blood Platelet Donor Leave
• Disability Leave
• Disability Brochure (PDF)
• Organ/Bone Marrow Donor Leave
• Sick Leave
• Shared Benefits Donation Portal

Volunteer and Civic Engagement

• Disaster Service Volunteer Leave
• Firefighter Training Leave of Absence
• Jury Duty
• Military Leave

Family and Personal Development

• Parental Leave
• Sabbatical

Paid-Time Off

• Paid Leave for All Workers
• Shared Benefits
• Vacation Leave

Family and Personal Leave

• Child Extended Bereavement Leave
• Family and Medical Leave (FMLA)
• Family Medical Leave (UFML) for Civil Union Partners
• Family Military Leave
• Pregnancy Leave
• Unpaid Family Bereavement Leave

Civic and Volunteerism

• Civil Air Patrol Leave
• Election Judge Leave

Employee Support and Welfare

• School Conference and Activity Leave
• Special Leave for Civil Service Employees
• Victims Economic Security and Safety Leave (VESSA)

• Nursing Mothers in the Workplace
• Volunteer Emergency Worker Job Protection
• Voting – General or Special Election
• Voting – Primary Election

University Paid Funeral/Bereavement Leave

• University Paid Funeral/Bereavement Leave

Health-Related Leave

• Blood/Blood Platelet Donor Leave
• Disability Leave
• Organ/Bone Marrow Donor Leave
• Sick Leave

Volunteer and Civic Engagement

• Disaster Service Volunteer Leave
• Firefighter Training Leave of Absence
• Jury Duty
• Military Leave

Family and Personal Development

• Parental Leave
• Sabbatical

Paid-Time Off

• Paid Leave for All Workers
• Shared Benefits
• Vacation Leave

Family and Personal Leave

• Child Extended Bereavement Leave
• Family and Medical Leave (FMLA)
• Family Medical Leave (UFML) for Civil Union Partners
• Family Military Leave
• Pregnancy Leave
• Unpaid Family Bereavement Leave

Civic and Volunteerism

• Civil Air Patrol Leave
• Election Judge Leave

Employee Support and Welfare

• School Conference and Activity Leave
• Special Leave for Civil Service Employees
• Victims Economic Security and Safety Leave (VESSA)

What is FMLA?

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons.

Eligibility

All University employees who meet the following criteria may be eligible for FMLA:

• 12 months of service (non-continuous; any time worked in the last 7 years)
• 1,000 hours worked (includes all paid status time: work, vacation, sick leave, holidays, etc.)

Qualifying Events

Employees may use FMLA leave for the following reasons:

• Employee’s own serious health condition
• Family member’s serious health condition (child, spouse, parent)
• Birth, adoption, or foster placement of a child
• Military exigency (child, spouse, parent)
• Serious injury/illness of a family military service member

Serious Health Conditions

A serious health condition is an illness, injury, impairment, physical, or mental condition that involves either: inpatient care, continuing treatment by a health care provider, pregnancy or prenatal care, chronic conditions, permanent or long-term conditions, and multiple treatments.

See Serious Health Condition Handout for more information.

Requesting Leave

When requesting leave, employees may not mention FMLA specifically. Under the law, it is the employer’s responsibility to recognize when an employee may be requesting leave that is potentially covered under FMLA.

FMLA Leave Year

The University uses a rolling forward year that begins on the first day of the first FMLA event.

An employee may have multiple qualifying reasons at one time (i.e. migraines for themselves [event #1], their son has asthma [event #2]). The FMLA year and the amount of FMLA entitlement (12 weeks within a one-year period of time) does not change.

If the employee has an ongoing need for FMLA after the first FMLA year ends, upon completing new FMLA documentation, the new FMLA year will begin with the next event.

Leave Tracking

Exempt (salaried) employees report time in 1/4^th of an hour increments (15 minutes).

Non-exempt (hourly) employees report time in 1/10^th of an hour increments (6 minutes).

Pay While on Leave

FMLA leave is unpaid. Employees must use other paid leave benefits concurrently in order to receive pay during leave (e.g., sick, vacation, holidays, parental leave, disability, Workers’ Compensation, etc.).

Employees may choose to take FMLA leave paid, unpaid, or partially paid regardless of their paid leave benefit balances. They can also use benefits in any order they choose.

For exempt (salaried) employees, departmental HR must contact IHR Data Operations if leave will be unpaid.

If an employee does not have paid leave available, or elects not to use it, the employee will be billed directly for their portion of health insurance premiums. Employees may contact University Payroll and Benefits if they have questions regarding this.

Supervisor Responsibilities

Supervisors are responsible for recognizing potential qualifying leave situations, informing employees about FMLA rights, and promptly referring them to HR. They facilitate the FMLA process by coordinating with departmental HR staff, documenting absences accurately, maintaining confidentiality, and ensuring employees follow call-in and time reporting procedures during approved leave.

Recognizing Potential FMLA Situations

Under the law, it is the employer’s responsibility to recognize when an employee may be requesting leave that is potentially covered under FMLA. Examples include:

• Frequent absences due to illness
• Caring for a family member with a serious condition
• Surgery or hospitalization
• Pregnancy or adoption
• Mental health concerns

Inform Employees Promptly

• Let employees know their leave may be FMLA-eligible.
• Refer them to departmental HR.
• Avoid discussing medical details or discouraging FMLA use.

Coordinate with HR

• Submit FMLA applications or medical documentation to HR immediately, if received.
• Inform HR of concerns about an employee’s absences.
• Inform HR of possible FMLA requests.
• Understand the FMLA approval and leave parameters.
• Notify HR if anything changes regarding the employee’s leave.

Communicate Clearly

Once approved for FMLA, meet with the employee or send FMLA use information.

Items to address:

• Ensure the employee understands how FMLA works and what they are approved for (condition(s) and amount of time).
• Confirm the status of pending work assignments.
• Review call-in procedures for intermittent leave:
  • Approved methods of calling in (text, email, phone call), to whom, and when (e.g., 30 minutes before start of shift).
  • When calling in, employees must indicate the absence is due to FMLA.
  • If multiple approvals exist, employees must indicate for which one (Event #1, Event #2, etc.).
• Review time reporting/time sheet requirements for FMLA:
  • Use FMLA earn codes for biweekly reporting.
  • Report time as FMLA in the VSL reporting application.
  • Exempt employees report FMLA use in 15-minute increments; non-exempt employees in 6-minute increments.
• Provide return-to-work instructions, if applicable.

Track and Document Usage

• Maintain a separate log of FMLA usage (dates, hours, Event #).
• Ensure timesheets reflect correct FMLA codes.
• Ensure required documentation has been submitted (e.g., medical clearance prior to return to work).

Maintain Confidentiality

• Do not share medical or leave details with others.
• Submit all documentation to HR; do not keep copies.
• You may inform others only that the employee is on leave.

Important Reminders

• Supervisors cannot deny approved FMLA leave.
• Employees must not work while on FMLA leave.
• • Employees cannot be held responsible for work missed during FMLA leave.
  • Performance evaluations should not be negatively impacted by FMLA use.Retaliation is prohibited against employees using FMLA.
  • Employees cannot be assigned more work for using FMLA.

Need Help?
Contact your departmental HR staff. 

Departmental HR Responsibilities

Departmental HR is responsible for determining FMLA eligibility, providing necessary forms, and reviewing FMLA applications for approval or denial. They must provide required notices, maintain confidential records, ensure compliance, and support supervisors and employees as it relates to FMLA.

Employee Notification

• When foreseeable and practicable, employees are required to give 30-day advance notice of the need for FMLA.
• Employees may give notice within 2 working days of learning the need for leave. An explanation may be required indicating why providing more notice was not practicable. Absent unusual circumstances, employees are expected to comply with the department’s regular process for requesting leave.

Once aware of the employee’s request/need for FMLA, within 5 days the department must…

• Notify the employee in writing of their eligibility or non-eligibility.
  • Must be determined as of the date the leave commences.
• Provide provisional approval (if eligible).
  • Employees must return their medical certification within 15 calendar days (or communicate the reason for a delay) after the provisional approval is granted. Employees must be informed of the consequences of not returning the medical certification within this time.
• Provide the employee an FMLA application and medical certification documents.

Reviewing Paperwork

• Determine if the medical certification is complete and sufficient.
  • Notify the employee if it is incomplete and insufficient:
    • Incomplete: information not provided
    • Insufficient: vague, ambiguous, or non-responsive
  • The department must provide written notice to the employee of what specific information is still needed if the information is incomplete and/or insufficient.
    • The department will provide the employee 7 days to cure the deficiencies (unless not practicable).
    • If the information is not returned within 7 days or does not cure the deficiency, leave can be denied (the department must send a denial letter and IHR-LER must be contacted).
• Determine Medical Necessity.
  • The health care provider must indicate on the medical certification that the leave is medically necessary.
  • For birth or adoption, medical certification is NOT required.

Once a determination is made…

Approve or Deny

• Complete the department section of the FMLA Application form.
• Provide the employee a copy of the completed FMLA paperwork.
• Provide the employee a letter indicating eligibility or ineligibility for FMLA.
• Provide the employee a written designation notice stating approval or denial (the department must send a denial letter and IHR-LER must be contacted).
• Include the supervisor on the approval letter only.

Designating Leave as FMLA

• Designate FMLA if approved: the department must notify the employee that the leave time is being designated as FMLA.
• Cases of FMLA designation:
  • The employee files for disability.
  • The employee is granted workers’ compensation by Claims Management Office.
  • The employee requests parental leave (parental leave is requested via an FMLA application, if the employee is eligible for FMLA).
  • The employee is granted VESSA leave that also qualifies under FMLA.

Tracking

• Intermittent
  • Non-exempt – reported in 1/10 of an hour increment (6 minutes).
  • Exempt – reported in 1/4 of an hour increment (15 minutes).
• Paid or unpaid leave
  • The employee may choose to take the leave as paid, unpaid, or partially paid.
  • If an employee is out on unpaid FMLA leave, the employee will be billed their portion of premiums. Employees should be directed to UPB for more information.
  • For exempt employees, contact IHR-Data Operations if the leave will be unpaid.

Filing

• Keep FMLA documents in a confidential medical file that is separate from the personnel file.
• Maintain FMLA usage reports.
• Send FMLA approval letters via HRFE ADMIN transaction.

End of employee’s leave period of entitlement

• Departments should send the employee a letter when the leave is close to being exhausted and when the leave is exhausted, informing the employee of how to proceed and including resources.

Recertification

• Departments may request recertification every 6 months in all cases, but only in connection with an absence that has occurred for that medical condition.
  • In certain cases, recertification may be requested more frequently than every 6 months. You must contact IHR-LER if you are wanting to request recertification more frequently than every 6 months.

Emplopyee Resource List

Templates

• FMLA Approval Templates (.RTF)
• FMLA Denial – Employee Ineligible (.RTF)
• FMLA Denial – Insufficient Medical Documentation (.RTF)
• FMLA Denial – Non-Qualifying Relationship (.RTF)
• FMLA – Leave Exhausted (.RTF)
• FMLA – Leave Nearing Exhausion (.RTF)
• FMLA – Provisional Approval (.RTF)
• FMLA – Warning of Leave Expiration (.RTF)
• FMLA – Provisional Approval (.RTF)
• FMLA – Parental Leave Designated w GEO language Template (.RTF)
• FMLA – Parental Leave Designated (.RTF)

FMLA Guidance

• FMLA for Supervisors (.PPT)
• FMLA Overview
• FMLA Guidance for Supervisors
• FMLA Guidance for Dept HR

For more information, contact:
Labor and Employee Relations via email
ihr-ler@illinois.edu or call (217) 333-3105.