Family and Medical Leave Act (FMLA) for Medical & Maternity/Paternity Leave

The employee or supervisor is responsible for reporting any medical leave of absences to the Human Resources Leave Administrator. Reporting a medical Leave of Absence (LOA) in a timely manner is imperative as the university must abide by federal regulations. The employee is required to submit his/her request for a leave of absence 30 days in advance. The employee or department is required to report a leave of absence to Benefits Administration if it consists of the following:

• Leave of four or more consecutive days, intermittent leave or a reduced work schedule.
• Employee’s conditions requiring an overnight stay in a hospital or other medical care facility.
• Conditions that incapacitate the employee or a family member for four consecutive days or longer.
• Chronic conditions that cause occasional periods of absence when the employee or employee’s family member are incapacitated and require treatment by a health care provider at least twice a year (Intermittent Leave).
• Maternity/Paternity.

FIU, as an employer, is responsible for complying with all federal, state, and local regulations, as well as university policies. As such, we are obligated to determine an employee’s eligibility for all leave of absences including those designated as Family Medical Leave Act (FMLA) leaves. All medical leave types include those related to the care of the employee as well as the employee’s family.

Supervisor’s Responsibilities:

1. If the employee does not have access to complete the LOA Request Form, supervisors are responsible for completing the form on the employee’s behalf. The LOA Request form can be found in PantherSoft HR Manager Self Service
   • Navigate to: Human Resources Self Service> Manager Self Service > Manager Resources > Manager Forms > Benefits Forms. Note: The LOA Request form must be completed online. Benefits Administration will not accept any outdated LOA Request forms.
2. Print out the completed LOA form and sign it to acknowledge the request.
   • Faculty: supervisor’s, dean’s, and provost’s signatures are required for faculty members only. The provost’s office will submit the LOA form to Benefits Administration.
   • Administrative & Staff: The supervisor must the submit completed form to the attention of Benefits Administration at HRleaves@fiu.edu or fax to 305-348-3884
3. Upon receipt of the LOA Request form, Benefits Administration will submit a pre-eligibility notice to the employee requesting the leave, the pre-eligibility notice will indicate the required medical documentation as applicable.
   • Certification of Health Care Provider for Employee’s Serious Health Condition
   • Certification of Health Care Provider for Family Member’s Serious Health Condition
4. Once Benefits Administration receives the required Certification of Health Care Provider for the employee, a final designation (FMLA, non-FMLA, Medical, etc.) letter is issued.
5. An employee out on medical leave due to their own condition (including employees who are out for four or more days), is required to provide a Fitness for Duty Certificate (medical release), no longer than five days prior to returning to work.  Note: If the employee does not provide a medical release, the employee will not be permitted to return to work.

Timecard Entry (PantherSoft):

1. The employee or department must enter leave hours in the employee’s timesheet until Benefits Administration has finalized and formally designated the leave in writing (email notification and postal mail).
2. Once the leave has been formally designated, Benefits Administration will commence entering leave hours in the employee’s timesheet. The exception is for intermittent leave designation where the employee enters his or her own time. Intermittent leave is a leave where employee is attending to his or her medical need at irregular intervals while working.
3. The department is responsible for approving any leave time entered by Benefits Administration in the employee’s timesheet.

Military Leave

Military Leave Process & Supervisor’s Responsibilities:

1. If the employee does not have access to complete the LOA Request Form, supervisors are responsible for completing the form on the employee’s behalf. The LOA Request form can be found in PantherSoft HR Manager Self Service
   • Navigate to: Human Resources Self Service> Manager Self Service > Manager Resources > Manager Forms > Benefits Forms. Note: The LOA Request form must be completed online. Benefits Administration will not accept any outdated LOA Request forms.
2. Print out the completed LOA form and sign it to acknowledge the request.
   • Faculty: supervisor’s, dean’s, and provost’s signatures are required for faculty members only. The provost’s office will submit the LOA form to Benefits Administration.
   • Administrative & Staff: The supervisor must the submit completed form to the attention of Benefits Administration at HRleaves@fiu.edu or fax to 305-348-3884.
3. Submit supporting documentation for Military leave, and/or required medical documentation to Benefits Administration.
4. Once Benefits Administration receives the LOA Request form, a final designation letter is issued.

Other Non-FMLA Leave

Medical Leave

Medical Leave (Non-FMLA) applies to an employee who is not eligible for FMLA and who is absent for more than four days due to his/her serious health condition, or to care for an immediate family member.

Non-FMLA Leave Eligibility

1. An employee has not met the initial FMLA eligibility requirements (i.e. length of service or minimum hours worked).
2. An employee has a medical condition that has exhausted the 12 weeks of FMLA entitlement either from a prior leave or from an existing ongoing condition.
3. The medical facts presented do not support eligibility as defined under FMLA.

Supervisor’s Responsibilities: 

1. If the employee does not have access to complete the LOA Request form, supervisors are responsible for completing the form on the employee’s behalf. The LOA Request form can be found in PantherSoft HR Manager Self Service
   • Navigate to: Human Resources Self Service> Manager Self Service > Manager Resources > Manager Forms > Benefits Forms. Note: The LOA Request form must be completed online. Benefits Administration will not accept any outdated LOA Request forms.
2. Print out the completed LOA form and sign it to acknowledge the request.
   • Faculty: supervisor’s, dean’s, and provost’s signatures are required for faculty members only. The provost’s office will submit the LOA form to Benefits Administration.
   • Administrative & Staff: The supervisor must the submit completed form to the attention of Benefits Administration at HRleaves@fiu.edu or fax to 305-348-3884.
3. Upon receipt of the LOA Request form, Benefits Administration will submit a pre-eligibility notice to the employee requesting the leave, the pre-eligibility notice will indicate the required medical documentation as applicable
   • Certification of Health Care Provider for Employee’s Serious Health Condition
   • Certification of Health Care Provider for Family Member’s Serious Health Condition
4. Once Benefits Administration receives the required Certification of Health Care Provider for the employee, a final designation (FMLA, non-FMLA, Medical, etc.) letter is issued.
5. An employee out on medical leave due to their own condition (including employees who are out for four or more days), is required to provide a Fitness for Duty Certificate (medical release), no longer than five days prior to returning to work.  Note: If the employee does not provide a medical release, the employee will not be permitted to return to work.

Timecard Entry (PantherSoft):

1. The employee or department must enter leave hours in the employee’s timesheet until Benefits Administration has finalized and formally designated the leave in writing (email notification and postal mail).
2. Once the leave has been formally designated, Benefits Administration will commence entering leave hours in the employee’s timesheet. The exception is for intermittent leave designation where the employee enters his or her own time. Intermittent leave is a leave where employee is attending to his or her medical need at irregular intervals while working.
3. The department is responsible for approving any leave time entered by Benefits Administration in the employee’s timesheet.

Personal Leave of Absence without Pay

An employee may request a personal leave of absence without pay for up to three months for personal reasons which are subject to the approval of the department head and the Division of Human Resources. The criteria in approving this leave are simply whether the interest of the employee and the university would be best served by granting this leave.

The employee must deplete all available vacation leave before a personal leave of absence without pay would be considered.

Employees can elect to continue their benefits coverage, as if the employee continued working, provided the insurance premiums are paid. Therefore, upon authorization of the personal leave of absence without pay, it is the employee’s responsibility to contact Benefits Administration to determine the cost of benefits to the employee during this leave period.

Personal Leave of Absence Process & Supervisor’s Responsibilities:

1. If the employee does not have access to complete the LOA Request Form, supervisors are responsible for completing the form on the employee’s behalf. The LOA Request form can be found in PantherSoft HR Manager Self Service.
   • Navigate to: Human Resources Self Service> Manager Self Service > Manager Resources > Manager Forms > Benefits Forms. Note: The LOA Request form must be completed online. Benefits Administration will not accept any outdated LOA Request forms.
2. Print out the completed LOA form and sign it to acknowledge the request.
   • Faculty: supervisor’s, dean’s, and provost’s signatures are required for faculty members only. The provost’s office will submit the LOA form to Benefits Administration.
   • Administrative & Staff: The supervisor must the submit completed form to the attention of Benefits Administration at HRleaves@fiu.edu or fax to 305-348-3884.
3. Once Benefits Administration receives the LOA Request form, a final designation letter is issued.