Rights & Responsibilities

Employee Rights and Responsibilities

Employees are required to provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, you must provide notice as soon as practicable.

In order to be approved for FMLA leave, you must provide the anticipated duration of the leave and sufficient information to determine if the leave qualifies for FMLA protection. Sufficient information may include:

  • if you are unable to perform your essential job functions
  • your family member is unable to perform daily activities
  • the need for hospitalization or continuing treatment by a health care provider
  • circumstances supporting the need for military family leave

You must also identify if the requested leave is for a reason for which FMLA leave was previously taken or certified. You may also be required to provide a certification and periodic recertification supporting the need for leave. While on continuous leave, you may also be required to furnish the university with periodic reports of your status and intent to return to work.

FMLA does not protect you from disciplinary action for performance or conduct not related to FMLA absences. If approved for intermittent leave for unforeseen absences, you must follow your department’s normal call in procedures, and when leave is needed for planned medical treatment, you must provide notification to your department and make a reasonable effort to schedule treatment so as not to unduly disrupt the university’s operations.

If you need to take an intermittent FMLA absence, you must:

  • Comply with your department’s normal call in procedures for each FMLA absence. Your supervisor or Human Resources Representative can provide you with your departmental call in procedures. 
  • Notify The Standard of your FMLA absences within 7 days of the absence for accurate recordkeeping. Instructions for reporting ongoing intermittent FMLA absence to The Standard can be found at Reporting Absences and Filing a Disability Claim (PDF) (see p.2)

If these absence reporting procedures are not followed, those absences will not be approved for job-protected leave. Also note that if you wish to use annual or sick time during your intermittent FMLA absence, please submit those pay requests to your supervisor as normal for payroll processing.

The approval of paid time off during an absence provides you with income replacement for the time away from work. Employees can be disciplined for excessive sick time usage unless the sick time is running concurrently with FMLA or otherwise protected under State or local regulations. If you do not submit the required documentation to be approved for FMLA, your leave will not be job protected under the FMLA regulations.

Employer Responsibilities

Covered employers must inform employees who are requesting leave whether or not they are eligible under FMLA. If you are eligible, the notice provided to you will specify any additional information required as well as your rights and responsibilities. If you are not eligible, the notice will provide the reason(s) for ineligibility. The university’s leave administrator will also notify you if your leave will be designated as FMLA protected and the amount of leave counted against your leave entitlement.

Coordination with Paid Time Off

During FMLA leave, you may elect to use applicable accrued annual, sick or other paid time off to the extent permitted under HR policy, or take the leave unpaid. You are not required to exhaust your annual or sick pay if you wish to take FMLA unpaid. Any annual, sick or other paid time off you elect to use while on approved FMLA will run concurrently with the FMLA entitlement.

An employee on unpaid leave of absence will not accrue paid time off (annual, sick or other paid time off) for any full calendar month of unpaid leave. Employees who maintain their pay status by electing to use their paid time off (annual sick or other paid time off) for some portion of a calendar month, will receive pro-rated annual and sick time for that month. Employees who maintain their full pay status during leave will accrue annual and sick time as normal.