FMLA (Family Medical Leave Act)
The Family and Medical Leave Act of 1993 (FMLA) is a United States federal law requiring covered employers to provide eligible employees job-protected and unpaid leave for qualified medical and family reasons.
It is the employer's responsibility to consider all leave requests and determine if the leave qualifies for protection under the Family Medical leave Act (FMLA). In support of making this consideration, the employer may request medical certification. Employees cannot waive their rights once an employer deems the event is FMLA-qualified.
Requesting Leave & Providing Supporting Medical Certification
When an employee identifies the need for a leave, the request must be made in writing to Administration. Administration may request supporting documentation, which may include medical certification. The type of medical certification requested may depend on if the employee intends to submit a disability claim.
- If the employee intends to submit a disability claim, the disability provider will require completion of their Short-Term Disability Medical Certification/Claim Form. Dakota 911 will also accept the Attending Physician's Statement (Section 3) of the claim form as medical certification. There are three sections on this form, one for the employee, one for the employer and one for the medical provider. The employee should fill out their section of the form before giving it to the medical provider. If the employee prefers, they may submit their claim online.
- If the employee does not intend to submit a disability claim, they should provide the medical provider the Certification of Health Care Provider for Employee's Serious Health Condition and the Medical Release Form.
- If the event is for the employees qualified family member's serious health condition, the employee should provide the medical provider the Certification of Health Care Provider for Family Member's Serious Health Condition and the Medical Release Form signed by their family member or the family member's legal guardian.
Regardless of the certification form filled out, the provider should return the completed form directly to Admin at 651/322-2334 (fax) or the HR Coordinator's direct email address. Upon receipt of the completed certification, admin will make the FMLA determination.
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Make the FMLA determination and notify the employee via the FMLA Designation Notice. this notice will be copied to the scheduling supervisor.
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The Short-term Disability Medical Certification/Claim Form will be completed and submitted to the carrier on the employee's behalf.
At this point, the employee should keep both the HR Coordinator and the Scheduling Supervisor apprised of any date changes. The HR Coordinator will work with the employee to determine benefit deductions and ensure timecard completion.
Prior to return to duty, the employee may be asked to obtain a Fit for Duty from their care provider. If this is requested but not received prior to the return to work, the supervisor will have no option other than to send the employee home pending receipt of the document. This is for the employee's safety, and the safety of the people they serve.