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The Employee Leave Request Determining Employee's Eligibility Issuing the Company Response Tracking the Employee’s Leave
The Mandatory Employee Notice Determining Employee's Eligibility Issuing the Company Response Tracking the Employee’s Leave
The Mandatory Employee Notice The Employee Leave Request Issuing the Company Response Tracking the Employee’s Leave
The Mandatory Employee Notice The Employee Leave Request Determining Employee's Eligibility Tracking the Employee’s Leave
The Mandatory Employee Notice The Employee Leave Request Determining Employee's Eligibility Issuing the Company Response

STEP 2: Handling the Employee Leave Request

When an employee requests leave or a supervisor learns of leave-qualifying circumstances, ask the employee to complete the Employee FMLA Leave Request form and forward it to your HR administrator. Though not required by law, it is a good idea to distribute the form to ensure that the request is documented, particularly as you must respond to a request for leave within five business days.

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Do’s & Dont's

DO make sure that employees requesting leave provide you enough information to determine whether the FMLA applies. If you have questions whether an employee’s relationship to a child is covered by the FMLA, you are permitted to request reasonable documentation or statement of family relationship from the employee.

DON’T deny your employee’s request for FMLA leave because he/she does not mention FMLA in the leave request. An employee does not have to mention FMLA when requesting leave be protected by the FMLA. It is up to you and your managers to recognize when FMLA applies.

DO give employees an Employee FMLA Leave Request form to complete if you determine that FMLA might apply.

DON’T deny an employee’s request for FMLA leave because the employee does not give you specific medical information when making the initial leave request.

DO treat the completed form as medical record and maintain it separately from the employee’s personnel file, in locked cabinets with only designated persons having access.

DON’T deny an employee’s request for FMLA leave if you have any doubts as to whether the reason for the leave is an FMLA-qualifying reason. Designate the leave as FMLA initially and inquire further. You always can withdraw the designation if your findings do not support FMLA coverage.

DO ask your employees for more general information when they tell you they need time off for what may be an FMLA-qualifying reason, but don’t ask for specific medical information at this time or you may violate privacy laws.

DON’T deny male employees leave to care for a newborn child. Fathers and mothers have equal rights when it comes to taking family leave for the birth, placement for adoption or foster care of a child.

DO make sure that employees requesting “foreseeable” FMLA leave give at least 30 days’ notice of the need for leave.

DON’T forget to train your managers and supervisors. Supervisors and managers must understand FMLA basics, and be proactive in reporting potential FMLA-qualifying situations to your company’s human resources manager and/or benefits administrator. Your company, as well your supervisors and managers, may be held individually liable for violations of the FMLA.