Welcome to Human Resources - Benefits

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Human Resources is located at 677 East 12th Ave., Suite 400. Our mailing address is: 5210 University of Oregon, Eugene OR, 97403-5210.

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UNIVERSITY OF OREGON
HUMAN RESOURCES
Last modified: 07/28/2014 02:35 PM
University of Oregon Campus

FMLA Questions and Answers for Supervisors

Frequently Asked Questions for Supervisors

1. Who do I contact if I have questions about an employee who needs to take time off for family and medical (serious health condition) needs?

Medical Leaves Coordinator - Laurie Mills at 346-2950

2. Who should I contact if I am dealing with an employee relations problem and the employee has also requested FMLA or OFLA protected leave?

Assistant Director of Human Resources - Randy Wardlow, 346-2965

3. Who do I contact if I need to have the paperwork sent to an employee who is going to be off for a family or medical need, or have questions about the necessary forms?

Medical Leaves Coordinator - Laurie Mills at 346-2950

4. Why is it important to let Human Resources know if employees need time off from work to take care of a new child, or deal with a serious health condition involving their child, spouse or parent, or themselves?

The Family and Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA) strengthen employees' rights to take such leave without jeopardizing their jobs and guarantee that the university's contribution to health benefits (FMLA only) is continued. Although employees have sick leave, the university is obligated to give them the added job protection under the federal and state laws. Employees cannot be disciplined for missing work if the time is FMLA or OFLA approved leave. Employees can be disciplined for non-FMLA absences and performance issues unrelated to FMLA or OFLA. Employees who qualify for a protected leave are eligible for up to 12 weeks (sometimes more if OFLA applies) of leave if they have not used any in the past 12 months.

5. As the supervisor, when do I need to notify Human Resources that I have an employee who is going to be off for a family or medical (serious health condition) need?

You need to contact Human Resources as soon as your employee gives you notice. The UO is obligated to designate the time as job protected within two business days of your date of knowledge. It is often difficult to determine whether an employee is off for a serious health condition so we suggest that you call if your employee is seeing a doctor and is ill for at least four consecutive days, or continues to miss time intermittently. Human Resources will help you determine whether your employee might qualify for FMLA or OFLA leave.

Do not wait until an employee has used up paid leave before you contact Human Resources. The University of Oregon is required to designate the leave as FMLA as soon as your employee is out for a serious health condition, or birth of a child, or placement of an adopted or foster child.

6. As a supervisor, what are my obligations and options regarding employees who can return to work, but are unable to perform all of the duties assigned to their position?

If the physician sends Human Resources a certification stating an employee cannot perform all of the duties of their job, you are not required to allow the employee to return to work even if the employee can perform some of the duties. The employee would continue to be eligible for time off under FMLA up to a maximum of twelve weeks. However, the employee can request an accommodation under the American's with Disabilities Act and if eligible, you would be required to provide the accommodation and allow the employee to return to work. If the physician states an employee can perform all of the job duties, but needs to work a reduced or intermittent schedule, you would be required to allow your employee to return to work.

Setting aside the legal obligations, it may benefit your operation and the employee to permit him/her to return to work with some restrictions. As stated above, you are not required to do so, but it is an option. It will be important to ensure that the employee's physician has released him/her for the activities to be performed.

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