Placing an Employee on FMLA:

(1) Determine if employee is eligible: Has the employee worked for the State of Texas at least one year and 1250 hours within the previous 12 months? If eligible, proceed; if not, notify employee that he/she is not eligible using Notice of Eligibility and Rights and Responsibilities

(2) If the employee provides the Request for FMLA form or if the supervisor becomes aware that an employee’s leave may be for an FMLA-qualifying reason, give employee the Notice of Eligibility and Rights and Responsibilities form and the appropriate Certification Form placing the employee on FMLA.


Overview (Steps 1-2)

• Employee completes Request for FMLA form. Supervisor provides Notice of Eligibility and Rights and Responsibilities Form and appropriate certification form to employee.
• Employee submits completed Certification Form to supervisor with any other required supporting documentation.
• Upon receipt of completed certification form, supervisor sends completed Designation Notice to the employee within five business days. If the certification is incomplete or insufficient, the supervisor must provide the Designation Notice form notifying the employee of needed information and provide seven calendar days for return of the certification.
• If employee does not return the applicable Certification Form by the deadline, send the employee as soon as possible the Designation Notice form notifying the employee she/he has forfeited FMLA protection.
  

(4) Approximately 30 calendar days prior to employee’s scheduled return to work, send employee FMLA Middle Letter reminding employee of need to obtain completed Certification for Fitness for Duty (if applicable) prior to return to work and informing employee of options available should they still be in need of leave.

(5) Upon release from health care provider, employee returns to work with Certification of Fitness for Duty form. Note: The Certification of Fitness for Duty form includes, the employee's job description and should be given to the employee with the Designation Notice.

Supervisors may also refer to the FMLA Process Map.