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Managing FMLA
The federal Family and Medical Leave Act (FMLA) requires that the University provide eligible employees with job-protected, unpaid leave for qualified medical and family reasons. Options for taking Family and Medical Leave (FMLA) are continuous leave, intermittent leave, or a reduced work schedule.
The following information gives an overview of the FMLA and the steps you will need to take when an employee requests FMLA. There are time-specific deadlines at each step of the process for both employees and supervisors.
For consultation on FMLA, please contact your assigned HR Service Manager or Ask-HR.
Supervisor Responsibilities:
Awareness
Supervisors should understand what FMLA is, it’s eligibility requirements, criteria and the process for requesting FMLA.
Employee's Rights and Responsibilities
Refer the employee to the Office of Human Resources as they become aware of a medical situation (for employee or immediate family) which may require them to miss time away from work.
Provide Direction
Supervisors are responsible for assisting and/or providing direction to their employees on who to contact to begin the FMLA request process.
Refer the employee to the Office of Human Resources if the employee is out of work due to a Worker’s Compensation illness or injury.
Monitor Employees Leave
Supervisors must ensure all available leave is entered by the employee prior to the end of each pay period. If the employee is unable to apply leave entries, the supervisor should apply them. FMLA entries are then approved by the Office of Human Resources.
Employees on leave should not be working while on leave, including answering calls or responding to emails.
Training:
It is the supervisor’s responsibility to ensure leave entries are entered in Kronos.
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Employee Eligibility for FMLA
- Employee must have been employed by a State of South Carolina agency for at least 12 months.
- These 12 months must not be consecutive, but a break in service cannot have been more than a seven-year period.
- Employee must have worked for the State of South Carolina agency for at least 1250 hours in the last 12 months before they take leave.
- This minimum 1250-hour calculation includes actual hours worked, including overtime hours.
- This minimum 1250-hour calculation excludes annual, sick, personal, holiday, or compensatory time
- Employee must have been employed by a State of South Carolina agency for at least 12 months.
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Qualifying reasons an employee can use FMLA
An eligible employee can take up to 12 weeks of FMLA leave in a calendar year for a variety of reasons, including:
Serious Health Condition
- Employee is unable to work because of their own serious health condition.
- Employee needs to care for their spouse, child or parent with a serious health condition.
Military Family Leave
- Employee leave is for specified reasons related to certain military deployments.
- Employee needs to care for a covered service member with a serious injury or illness.
- Employee is unable to work because of the birth of a child and to bond with the newborn child.
- Employee is unable to work because of the placement of a child for adoption or foster care and to bond with that child.
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How long can an employee be out on FMLA?
An employee can take up to 12 weeks of FMLA in a calendar year.
- FMLA leave may be taken as a single block of time, in multiple, smaller blocks of time, or on a part-time basis if the need to do so has been medically documented.
- By itself, FMLA leave is unpaid leave. However, if the employee is eligible for paid leave and have sick leave, annual leave, grant personal leave or other paid leave available, they will be required to use their available balances concurrently with FMLA.
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FMLA and Performance Reviews
Medical Leave or any type of approved leave or accommodation should not be mentioned when discussing performance, documented on an employee’s performance review or have an impact on the employee performance review.
- Other Available Options for Leave
