What Managers and Supervisors Need to Know

Family and Medical Leave Act regulations, overseen by the US Department of Labor, require employers, including UMass, to advise employees of their potential FMLA entitlements. Failure to do so places the university in non-compliance with Federal law and regulations. A manager or supervisor must know and understand that the university has the responsibility to ensure situations which potentially qualify under the FMLA are properly identified. An employee giving notice of the need for FMLA leave does not need to expressly state the need for taking time away from work under the FMLA but needs to only state a qualifying reason for the leave. It is the responsibility of managers and supervisors to identify circumstances, warranting this type of leave and respond accordingly. 

The following are examples requiring notification to an employee of FMLA eligibility and rights & responsibilities within five days of the employer becoming aware of the situation:

  • If due to a medical condition of an employee or family member the employee requires regular time away from work or is absent.
  • If an employee informs the manager or supervisor of the need to be out of work for medical reasons or to care for a medical condition of a spouse, parent, or child.
  • If an employee informs the manager or supervisor of the need to be out of work for the birth of a child (or children), adoption of a child (or children), or the placement of a foster child (or children).
  • If the manager or supervisor is informed by a different source the employee is ill as described above.
  • If an employee informs the manager or supervisor of any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty or has been notified of an impending call or order to active duty, in support of a contingency operation, in the National Guard and Reserves.
  • If an employee informs the manager or supervisor that an eligible employee, who is the spouse, son, daughter, parent, or next of kin of a servicemember, requires leave to care for a servicemember injured in the line of duty.

Once a manager or supervisor is aware of these or similar situations, the individuals responsible for FMLA compliance in the Employee Accommodations and Absence Support Team (EAAS) must be notified immediately so that proper and timely notice can be sent to the affected employee.

The FMLA process is centralized in the Office of Human Resources to oversee the process, ensure compliance and advise employees and their departments. These activities include:

  • Advise on FMLA issues and requirements
  • Assist in identifying possible FMLA qualifying situations
  • Verify an employee’s eligibility and designate an FMLA qualifying event
  • Process FMLA-related paperwork, including notifications, forms, and medical certifications; maintain confidential files and communications throughout the process 
  • Ensure employees with questions concerning maintaining active benefits while on leave are routed to the Benefits Team. 
  • Communicate with the manager or supervisor regarding the FMLA leave process
  • Coordinate sensitive FMLA communications between affected employees and their supervisors and departments