Do the two-step to ensure correct administration of FMLA

The new Family and Medical Leave Act (FMLA) regulations significantly changed the procedures for notifying employees of their rights and designating absences as family and medical leave (FML). New “two-step” procedures should be used to meet the detailed requirements of the regulations which became effective on Jan. 16, 2009.

Notification of rights

• Step one—Post the FMLA poster and provide general notice of rights and responsibilities in your employee handbook.
• Step two—Include the same information in the eligibility notice sent to the employee.

Designation of FML

• Step one—Provide notice of rights and responsibilities with certification requirements and inform the employee that he or she is eligible for FML within five days after a request for leave is made or the district learns that the employee has a need for FML.
• Step two—Provide a separate designation notice within five business days after the employee has submitted medical or other certification.

New forms to execute this process are provided by the U.S. Department of Labor (DOL) and are available on their Web Site. These forms are included in the HR Library and the newest edition of The Administrator’s Guide to Managing Leaves and Absences. Districts can customize the forms by adding district letterhead or develop their own forms. However, it is recommended that any customized forms be carefully reviewed to ensure that they comply with the regulations, which place limits on employer inquiries.

The HR Library and the new book also include detailed information on the procedures and timeline that must be followed. HR Services will also offer a new workshop focused on FML administration. Get a Grip on the Family and Medical Leave Act (FMLA) will be presented for the first time on Sept. 24, 2009, at TASB’s Austin headquarters. You can register for the workshop and access the HR Library through HR Services Web Site . The book can be ordered through the TASB Store .