FMLA Leave Administration Guide

Purpose

To give HR a consistent, defensible process for designating, tracking, and administering FMLA (and equivalent state) leave — so deadlines aren't missed, certifications are handled correctly, and every leave is documented the same way regardless of who processes it.

Intake

1. Log the request immediately. As soon as a leave request or a report of a qualifying absence comes in (from the employee, a family member, or a manager), open a leave record capturing: employee name, leave type requested (parental, family, medical, qualifying exigency, or military caregiver), anticipated start date, anticipated leave pattern (continuous, reduced schedule, or intermittent), and the source of the notice.

• For a military caregiver leave request, also record the date it started — this leave type runs on its own single 12-month period measured from that date, not the Company's standard FMLA leave-year method, so it must be tracked separately from the employee's other FMLA usage.

1. Check eligibility (tenure, hours worked, and worksite headcount) before doing anything else. If eligibility is unclear, provisionally treat the leave as FMLA-qualifying while eligibility is confirmed, rather than delaying a response.
2. Issue the eligibility/rights notice. Provide the employee written notice of FMLA eligibility and their rights and responsibilities, generally within 5 business days of the request or of learning the absence may qualify.

Designation

1. Determine whether the leave qualifies, based on the reason given and any supporting information — even if the employee never uses the words "FMLA" or "family and medical leave."
2. Send the designation notice confirming whether the leave is designated as FMLA-qualifying, how much of the employee's leave entitlement will be counted, and any conditions (for example, that certification is still outstanding). Track the date sent and the date due (generally within 5 business days of having enough information to make the determination).
3. If more information is needed to make the designation, note what's outstanding and the follow-up date, and issue the designation notice promptly once received.

Certification tracking

1. Request medical certification using a standard form, with a clear return deadline (commonly 15 calendar days from the request).
2. Track certification status for every open leave: requested date, due date, received date, and whether it was sufficient. Follow up before the deadline lapses, not after.
3. If a certification is incomplete or unclear, give the employee a defined window (commonly 7 calendar days) to cure it before treating the leave as undesignated or denied.
4. Second/third opinion process (employee's own condition only): if HR or the business questions a certification, route it for a second opinion at company expense; if the second opinion conflicts with the first, arrange a mutually agreeable third and final opinion, also at company expense. Document each opinion and the final determination in the leave file. This process does not apply to military caregiver leave certifications. 10a. Military leave certification. For qualifying exigency leave, obtain certification of the military member's covered active-duty status and the qualifying exigency. For military caregiver leave, obtain certification of the covered servicemember's serious injury or illness — a Department of Defense-issued document (e.g., an invitational travel order/authorization) or a DoD-authorized provider's certification may substitute for the standard certification form.
5. Recertification. For conditions lasting longer than the original certification period, calendar a recertification date (commonly no more than every 30 days, or at the end of the certified period, whichever is longer) and request updated certification before that date.
6. Fitness-for-duty certification. For an employee returning from leave for their own serious health condition, confirm a fitness-for-duty certification is on file before the employee resumes work.

Intermittent and reduced-schedule tracking

1. Set up a tracking method (a leave calendar, timekeeping code, or leave- management system) for any intermittent or reduced-schedule leave, so that partial days and partial weeks are correctly counted against the employee's total entitlement.
2. Reconcile usage regularly (at least monthly) against the certified frequency and duration, and flag any pattern that looks inconsistent with the certification for follow-up (for example, near-full-time absence under an intermittent certification).
3. Notify the manager of the approved intermittent/reduced-schedule pattern (not the underlying medical details) so absences can be planned around, and coordinate any temporary transfer to an equivalent position that better accommodates the schedule.

Ongoing case management

1. Set a check-in cadence for employees on continuous leave (commonly every 30 days) to confirm status and expected return date.
2. Calendar the entitlement-exhaustion date for every open leave and flag it for review at least two weeks before it's reached, so a return-to-work or extension/next-steps conversation happens on time. For military caregiver leave, calendar exhaustion against the 26-week cap on its own single 12-month period, and separately track any other FMLA leave the same employee takes in that period against the combined 26-week ceiling.
3. Coordinate benefits. Confirm health-plan premium payment arrangements at leave start, monitor for missed payments, and coordinate with payroll on the timing of any paid-leave substitution the employee has elected.
4. Coordinate with other leave types. Where a state family/medical leave law, workers' compensation, or an ADA accommodation leave applies to the same absence, document how the leaves run concurrently and avoid double-counting or under-counting entitlement.

Return to work

1. Confirm restoration rights and identify the position (same or equivalent) the employee will return to before the return date.
2. Escalate exceptions (position elimination unrelated to the leave, or a potential key-employee restoration exception) to HR leadership and counsel before communicating anything to the employee — these are rarely used and carry legal risk if applied incorrectly.
3. Close the leave record on return (or on separation, if the employee doesn't return), noting the final entitlement used and the outcome.

Recordkeeping

• Keep FMLA records (leave requests, notices, certifications, and leave-usage tracking) separate from the general personnel file, and retain them per applicable recordkeeping requirements.
• Keep medical information and certifications confidential, accessible only to those with a legitimate need to know, consistent with the Company's medical-records confidentiality practices.

Responsibilities

Role	Responsibilities
Human Resources	Owns intake, eligibility determination, designation and rights notices, certification tracking and follow-up, intermittent/reduced-schedule usage tracking, check-ins, exhaustion-date monitoring, and return-to-work coordination.
Manager	Reports potential qualifying absences promptly; refers all leave questions to HR rather than making eligibility or designation calls; supports the approved schedule and any temporary reassignment.
Payroll/Benefits	Coordinates premium payment during leave, processes any paid-leave substitution, and confirms benefit continuation terms.
Legal/Compliance	Advises on any key-employee exception, position-elimination restoration questions, and coordination with state-law or ADA obligations.