Implementing the FMLA Initiative

The Family and Medical Leave Act ("FMLA"), along with state-level family medical leave acts, entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Eligible employees are entitled to:

• Twelve workweeks of leave in a 12-month period for:
  • the birth of a child and to care for the newborn child within one year of birth;
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • to care for the employee’s spouse, child, or parent who has a serious health condition;
    a serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
• Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

See Also

• The Time Off Request Form includes a Medical/FMLA questionnaire

Implementation Steps in this Guide

1. Edit and Distribute the Family and Medical Leave Policy

2. Edit and Distribute the Family and Medical Leave Act/California Family Rights Act Policy

3. Edit and Assign the Family and Medical Leave Act Guideline

4. Assign the Understanding the FMLA Assessment

5. Assign the Understanding the FMLA for Supervisors Assessment

6. Assign the FMLA Serious Health Conditions - Supervisors Assessment

7. Assign the FMLA Leave and More: An Overview of Legally Protected Leave Training

8. Allow HR to Start the WH-380-E Certification of HCP Employee Form

9. Allow HR to Start the WH-380-F Certification of HCP Family Form

10. Allow HR to Start the WH-381 Notice of Eligibility and Rights Form

11. Allow HR to Start the WH-382 Designation Notice Form

12. Allow HR to Start the WH-384 Certification of Qualifying Form

13. Allow HR to Start the WH-385 Certification for Injury or Illness Form

14. Allow HR to Start the WH-385V Certification for Injury or Illness Form

Edit and Distribute the Family and Medical Leave Policy

Use this policy for employees who are not in the State of California.

Review and edit the policy

1. Click on the Library tab
2. Search for "Family and Medical Leave Policy" and click on it
3. Click on the Edit button to view the list of versions
4. Click Create Draft to the right of the latest published version
5. Click Edit next to the Draft version that you just created
6. Make desired changes to the policy
7. Click Publish to finish editing the policy
8. Click on the Permissions subtab
9. Add the appropriate group(s) of users who have permission to view this policy within the library
10. Click Submit to save

Schedule the activity for distribution

1. Click on the Workspaces tab
2. Click on the Human Resources workspace
3. Click on the Family Medical Leave initiative
4. Click on the Family and Medical Leave Policy
5. Click on Groups and assign to the appropriate groups, such as All Employees
6. Click on Schedule and set a one-time schedule based on the Hire Date. 
7. Click Save

Edit and Distribute the Family and Medical Leave Act/California Family Rights Act Policy

Use this policy for employees who are in the State of California.

Review and edit the policy

1. Click on the Library tab
2. Search for "Family and Medical Leave Act/California Family Rights Act Policy" and click on it
3. Click on the Edit button to view the list of versions
4. Click Create Draft to the right of the latest published version
5. Click Edit next to the Draft version that you just created
6. Make desired changes to the policy
7. Click Publish to finish editing the policy
8. Click Permissions and assign to the appropriate group(s), such all as Manager Level groups

Schedule the activity for distribution

1. Click on the Workspaces tab
2. Click on the Human Resources workspace
3. Click on the Family Medical Leave initiative
4. Click on the Family and Medical Leave Act/California Family Rights Act Policy
5. Click on Groups and assign to the appropriate groups, such as All Employees
6. Click on Schedule and set a one-time schedule based on the Hire Date. 
7. Click Save

Edit and Assign the Family and Medical Leave Act Guideline

1. Click on the Library tab
2. Search for "Family and Medical Leave Act Guideline" and click on it
3. Click on the Edit button to view the list of versions
4. Click Create Draft to the right of the latest published version
5. Click Edit next to the Draft version that you just created
6. Make desired changes to the guideline
7. Click Publish to finish editing the guideline
8. Click Permissions and assign to the appropriate group(s), such as All Employees

Assign the Understanding the FMLA Assessment

1. Click on the Workspaces tab
2. Click on the Human Resources workspace
3. Click on the Family Medical Leave initiative
4. Click on the Understanding the FMLA Assessment
5. Click on Groups and assign to the appropriate groups, such as All Employees
6. Click on Schedule and set a one-time schedule based on the Hire Date. 
7. Click Save

Assign the Understanding the FMLA for Supervisors Assessment

1. Click on the Workspaces tab
2. Click on the Human Resources workspace
3. Click on the Family Medical Leave initiative
4. Click on the Understanding the FMLA for Supervisors Assessment
5. Click on Groups and assign to the appropriate groups, such as Manager Level Group(s).
6. Click on Schedule and set a one-time schedule based on the Hire Date. 
7. Click Save

Assign the FMLA Serious Health Conditions - Supervisors Assessment

1. Click on the Workspaces tab
2. Click on the Human Resources workspace
3. Click on the Family Medical Leave initiative
4. Click on the FMLA Serious Health Conditions - Supervisors Assessment
5. Click on Groups and assign to the appropriate groups, such as Manager Level Group(s).
6. Click on Schedule and set a one-time schedule based on the Hire Date. 
7. Click Save

Assign the FMLA Leave and More: An Overview of Legally Protected Leave Training

1. Click on the Workspaces tab
2. Click on the Human Resources workspace
3. Click on the Family Medical Leave initiative
4. Click on the FMLA Leave and More: An Overview of Legally Protected Leave Training
5. Click on Groups and assign to the appropriate groups, such as Manager Level Group(s).
6. Click on Schedule and set an appropriate schedule.
7. Click Save

Allow HR to Start the WH-380-E Certification of HCP Employee Form

The Family and Medical Leave Act (FMLA) provides that an employer may require an employee seeking FMLA protections because of a need for leave due to a serious health condition to submit a medical certification issued by the employee’s health care provider. Please complete Section I before giving this form to your employee. Your response is voluntary. While you are not required to use this form, you may not ask the employee to provide more information than allowed under the FMLA regulations, 29 C.F.R. §§ 825.306-825.308. Employers must generally maintain records and documents relating to medical certifications, recertifications, or medical histories of employees created for FMLA purposes as confidential medical records in separate files/records from the usual personnel files and in accordance with 29 C.F.R. § 1630.14(c)(1), if the Americans with Disabilities Act applies, and in accordance with 29 C.F.R. § 1635.9, if the Genetic Information Nondiscrimination Act applies.

Review the Process Workflow

Set the form routing

1. Click on the Admin tab
2. Click on Workflow/Forms subtab
3. Click on Processes
4. Search for and click on WH-380-E Certification of HCP Employee Form
5. Edit the routing rules for each stage by following these suggestions:
   
   

   Stage	Suggested Routing Rule	Description
   Section 1: Employer	Creator	Route to the "Creator" (i.e. the person who started the form)
   Section 2: Employee	Subject	Route to the "Subject" (i.e. the person who is the subject of the form)
   HR Section	Queue	Route to a queue that contains your HR Manager or HR Department

Set the Activity to be startable by All Employees

1. Click on the Workspaces tab
2. Click on the Human Resources workspace
3. Click on the Family Medical Leave initiative
4. Click on the WH-380-E Certification of HCP Employee Form
5. Click Edit and set the Start Menu Folder to "FMLA Forms" or something similar
6. Click Groups and assign "Human Resources Department" (or another set of group as appropriate) within the "In Start Menu" for section. 
7. Click Save

Allow HR to Start the WH-380-F Certification of HCP Family Form

The Family and Medical Leave Act (FMLA) provides that an employer may require an employee seeking FMLA protections because of a need for leave to care for a covered family member with a serious health condition to submit a medical certification issued by the health care provider of the covered family member.  Please complete Section I before giving this form to your employee.  Your response is voluntary. While you are not required to use this form, you may not ask the employee to provide more information than allowed under the FMLA regulations, 29 C.F.R. §§ 825.306-825.308.  Employers must generally maintain records and documents relating to medical certifications, recertifications, or medical histories of employees’ family members, created for FMLA purposes as confidential medical records in separate files/records from the usual personnel files and in accordance with 29 C.F.R. § 1630.14(c)(1), if the Americans with Disabilities Act applies, and in accordance with 29 C.F.R. § 1635.9, if the Genetic Information Nondiscrimination Act applies.

Review the Process Workflow

Set the form routing

1. Click on the Admin tab
2. Click on Workflow/Forms subtab
3. Click on Processes
4. Search for and click on WH-380-F Certification of HCP Family Form
5. Edit the routing rules for each stage by following these suggestions:
   
   

   Stage	Suggested Routing Rule	Description
   Section 1: Employer	Creator	Route to the "Creator" (i.e. the person who started the form)
   Section 2: Employee	Subject	Route to the "Subject" (i.e. the person who is the subject of the form)
   HR Section	Queue	Route to a queue that contains your HR Manager or HR Department

Set the Activity to be startable by All Employees

1. Click on the Workspaces tab
2. Click on the Human Resources workspace
3. Click on the Family Medical Leave initiative
4. Click on the WH-380-F Certification of HCP Family Form
5. Click Edit and set the Start Menu Folder to "FMLA Forms" or something similar
6. Click Groups and assign "Human Resources Department" (or another set of group as appropriate) within the "In Start Menu" for section. 
7. Click Save

Allow HR to Start the WH-381 Notice of Eligibility and Rights Form

In general, to be eligible an employee must have worked for an employer for at least 12 months, meet the hours of service requirement in the 12 months preceding the leave, and work at a site with at least 50 employees within 75 miles. While use of this form by employers is optional, a fully completed Form WH-381 provides employees with the information required by 29 C.F.R. § 825.300(b), which must be provided within five business days of the employee notifying the employer of the need for FMLA leave. Part B provides employees with information regarding their rights and responsibilities for taking FMLA leave, as required by 29 C.F.R. § 825.300(b), (c).

Review the Process Workflow

Set the form routing

1. Click on the Admin tab
2. Click on Workflow/Forms subtab
3. Click on Processes
4. Search for and click on WH-381 Notice of Eligibility and Rights Form
5. Edit the routing rules for each stage by following these suggestions:
   
   

   Stage	Suggested Routing Rule	Description
   Employer	Creator	Route to the "Creator" (i.e. the person who started the form)
   Employee	Subject	Route to the "Subject" (i.e. the person who is the subject of the form)

Set the Activity to be startable by All Employees

1. Click on the Workspaces tab
2. Click on the Human Resources workspace
3. Click on the Family Medical Leave initiative
4. Click on the WH-381 Notice of Eligibility and Rights Form
5. Click Edit and set the Start Menu Folder to "FMLA Forms" or something similar
6. Click Groups and assign "Human Resources Department" (or another set of group as appropriate) within the "In Start Menu" for section. 
7. Click Save

Allow HR to Start the WH-382 Designation Notice Form

Leave covered under the Family and Medical Leave Act (FMLA) must be designated as FMLA-protected and the employer must inform the employee of the amount of leave that will be counted against the employee’s FMLA leave entitlement. In order to determine whether leave is covered under the FMLA, the employer may request that the leave be supported by a certification. If the certification is incomplete or insufficient, the employer must state in writing what additional information is necessary to make the certification complete and sufficient. While use of this form by employers is optional, a fully completed Form H-382 provides an easy method of providing employees with the written information required by 29 C.F.R. §§ 825.300(c), 825.301, and 825.305(c).

Review the Process Workflow

Set the form routing

1. Click on the Admin tab
2. Click on Workflow/Forms subtab
3. Click on Processes
4. Search for and click on WH-382 Designation Notice Form
5. Edit the routing rules for each stage by following these suggestions:
   
   

   Stage	Suggested Routing Rule	Description
   Employer	Creator	Route to the "Creator" (i.e. the person who started the form)
   Employee	Subject	Route to the "Subject" (i.e. the person who is the subject of the form)

Set the Activity to be startable by All Employees

1. Click on the Workspaces tab
2. Click on the Human Resources workspace
3. Click on the Family Medical Leave initiative
4. Click on the WH-382 Designation Notice Form
5. Click Edit and set the Start Menu Folder to "FMLA Forms" or something similar
6. Click Groups and assign "Human Resources Department" (or another set of group as appropriate) within the "In Start Menu" for section. 
7. Click Save

Allow HR to Start the WH-384 Certification of Qualifying Form

The Family and Medical Leave Act (FMLA) provides that an employer may require an employee seeking FMLA leave due to a qualifying exigency to submit a certification.  Please complete Section I before giving this form to your employee.  Your response is voluntary, and while you are not required to use this form, you may not ask the employee to provide more information than allowed under the FMLA regulations, 29 CFR 825.309.

Review the Process Workflow

Set the form routing

1. Click on the Admin tab
2. Click on Workflow/Forms subtab
3. Click on Processes
4. Search for and click on WH-384 Certification of Qualifying Form
5. Edit the routing rules for each stage by following these suggestions:
   
   

   Stage	Suggested Routing Rule	Description
   Section 1: Employer	Creator	Route to the "Creator" (i.e. the person who started the form)
   Section 2: Employee	Subject	Route to the "Subject" (i.e. the person who is the subject of the form)
   HR Review	Queue	Route to a queue that contains your HR Manager or HR Department

Set the Activity to be startable by All Employees

1. Click on the Workspaces tab
2. Click on the Human Resources workspace
3. Click on the Family Medical Leave initiative
4. Click on the WH-384 Certification of Qualifying Form
5. Click Edit and set the Start Menu Folder to "FMLA Forms" or something similar
6. Click Groups and assign "Human Resources Department" (or another set of group as appropriate) within the "In Start Menu" for section. 
7. Click Save

Allow HR to Start the WH-385 Certification for Injury or Illness Form

The Family and Medical Leave Act (FMLA) provides that an employer may require an employee seeking FMLA leave due to a serious injury or illness of a current servicemember to submit a certification providing sufficient facts to support the request for leave. Your response is voluntary. While you are not required to use this form, you may not ask the employee to provide more information than allowed under the FMLA regulations, 29 CFR 825.310. Employers must generally maintain records and documents relating to medical certifications, recertifications, or medical histories of employees or employees’ family members created for FMLA purposes as confidential medical records in separate files/records from the usual personnel files and in accordance with 29 CFR 1630.14(c)(1), if the Americans with Disabilities Act applies, and in accordance with 29 CFR 1635.9, if the Genetic Information Nondiscrimination Act applies. 

Review the Process Workflow

Set the form routing

1. Click on the Admin tab
2. Click on Workflow/Forms subtab
3. Click on Processes
4. Search for and click on WH-385 Certification for Injury or Illness Form
5. Edit the routing rules for each stage by following these suggestions:
   
   

   Stage	Suggested Routing Rule	Description
   Employer Section	Creator	Route to the "Creator" (i.e. the person who started the form)
   Employee Section	Subject	Route to the "Subject" (i.e. the person who is the subject of the form)
   HR Review	Queue	Route to a queue that contains your HR Manager or HR Department

Set the Activity to be startable by All Employees

1. Click on the Workspaces tab
2. Click on the Human Resources workspace
3. Click on the Family Medical Leave initiative
4. Click on the WH-385 Certification for Injury or Illness Form
5. Click Edit and set the Start Menu Folder to "FMLA Forms" or something similar
6. Click Groups and assign "Human Resources Department" (or another set of group as appropriate) within the "In Start Menu" for section. 
7. Click Save

Allow HR to Start the WH-385V Certification for Injury or Illness Form

The Family and Medical Leave Act (FMLA) provides that an employer may require an employee seeking military caregiver leave under the FMLA leave due to a serious injury or illness of a covered veteran to submit a certification providing sufficient facts to support the request for leave. Your response is voluntary. While you are not required to use this form, you may not ask the employee to provide more information than allowed under the FMLA regulations, 29 CFR 825.310. Employers must generally maintain records and documents relating to medical certifications, recertifications, or medical histories of employees or employees’ family members, created for FMLA purposes as confidential medical records in separate files/records from the usual personnel files and in accordance with 29 CFR 1630.14(c)(1), if the Americans with Disabilities Act applies, and in accordance with 29 CFR 1635.9, if the Genetic Information Nondiscrimination Act applies.

Review the Process Workflow

Set the form routing

1. Click on the Admin tab
2. Click on Workflow/Forms subtab
3. Click on Processes
4. Search for and click on WH-385V Certification for Injury or Illness Form
5. Edit the routing rules for each stage by following these suggestions:
   
   

   Stage	Suggested Routing Rule	Description
   Employer Section	Creator	Route to the "Creator" (i.e. the person who started the form)
   Employee Section	Subject	Route to the "Subject" (i.e. the person who is the subject of the form)
   HR Review	Queue	Route to a queue that contains your HR Manager or HR Department

Set the Activity to be startable by All Employees

1. Click on the Workspaces tab
2. Click on the Human Resources workspace
3. Click on the Family Medical Leave initiative
4. Click on the WH-385V Certification for Injury or Illness Form
5. Click Edit and set the Start Menu Folder to "FMLA Forms" or something similar
6. Click Groups and assign "Human Resources Department" (or another set of group as appropriate) within the "In Start Menu" for section. 
7. Click Save