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Supervisor responsibilities under FMLA

It is the responsibility of the University of Georgia to designate leave, paid or unpaid, as FMLA-qualifying. UGA has the right to designate any qualifying time off as FMLA leave, even if the time is not specifically requested as FMLA leave per se by the eligible employee. It is also the responsibility of the employee's supervisor to notify the employee that he/she has designated such leave as FMLA-qualified. Supervisors should review employee absences of 3 days or more to determine whether such time should be designated as FMLA leave.

  • A supervisor should be aware of the employee responsibilities under FMLA. Should a supervisor be unfamiliar with the guidelines related to FLMA policy, they should seek assistance from UGA Human Resources.
  • As soon as possible, a supervisor should provide written notice to an employee when leave taken for a qualifying condition will be designated as family leave. A supervisor must complete the FMLA Institutional Response form (PDF).
  • If leave is taken as a result of a serious health condition, please obtain from the employee a completed Form WH-380-E - Certification of Health Care Provider for Employee's Serious Health Condition (PDF).
  • If you have a question regarding whether an employee's leave should be designated as family leave, please contact UGA Human Resources.
  • The University of Georgia should provide its employees with information regarding the FMLA. Please obtain a poster to place in your break room or other prominent work location. Get FMLA posters.
  • At some later date, UGA Human Resources may request medical certification if there is reason to question the appropriateness of the leave or its duration. The Form WH-380-E - Certification of Health Care Provider for Employee's Serious Health Condition (PDF) may be used to recertify the leave. In addition, if UGA has reason to doubt the validity of a medical certification, UGA HR may, at the employer's expense, require the employee to obtain a second opinion.
  • A supervisor may not directly contact a health care provider to request additional information, but he/she should consult withUGA Human Resources if assistance is needed. Arrangements may be made for a health care provider representing the institution to contact the employee's provider, with permission, for clarification and authentication.
  • A supervisor should maintain contact with his/her employee to remain informed of any change in the circumstance for which leave is being taken.
  • Supervisors may request an attending physician to indicate when the employee may be able to return to work. Please obtain a Medical Evaluation (Return to Work) form (PDF 29k).
  • One week before an employee has exhausted all annual and sick leave, the supervisor should complete and submit a Sick leave without pay form to UGA Human Resources. The purpose of this notification is to help the employee make arrangements to pay for health insurance premiums and other benefits premiums while not receiving a paycheck.
  • Please ensure you have provided information to the employee regarding his/her Employee Rights & Benefits.
  • It is the responsibility of the supervisor to track the use of FMLA leave and to inform the employee a minimum of one week prior to the end of his/her FMLA entitlement.
  • If an employee is not able to return to work by the end of the approved FMLA leave, he/she may be eligible to request additional personal leave under other University of Georgia policies. The granting of such additional leave is at the discretion of the institution. In no case may all leaves combined exceed twelve months. If an employee does not return to work and is not granted additional leave, his/her employment will end on the last day of the approved FMLA leave. The Office of Faculty & Staff Relations must be consulted prior to terminating an employee who is unable to return to work following FMLA leave.
  • If an FMLA-covered employee gives notice of intent not to return to work, the University's obligation under FMLA ceases for that employee. The University is no longer obligated to provide health benefits for the employee and is not required to restore the employee to an equivalent job.
  • Supervisors should retain FMLA-related paperwork in departmental files. For tenure-track faculty members, the faculty member or supervisor should contact the Office of Faculty Affairs regarding the impact of FMLA-related leave on the tenure clock.

HIPAA

The supervisor is responsible for ensuring that the Health Insurance and Portability and Accountability Act of 1996 (HIPAA) guidelines are followed. The supervisor/employer is responsible for protecting the privacy and confidentiality of all Personal Health Information (PHI) obtained as a result of an FMLA application and process. HIPAA guidelines will be applied to the use, maintenance, transfer, and disposition of healthcare records and information.

 

04.19.17