FMLA/NJFLA Leave Processes

Instructions: If an employee specifically requests leave or more generally requests time off and references a personal or family illness or childcare-related situation, refer to the steps below. These steps are intended as a general guide and should not be construed as definitive; contact UHR or OLR for specific assistance in taking the steps outlined in this process.

1. Determine if there is qualifying reason for leave
   1. Does the employee need to provide care upon the birth of a child or the placement of a child for adoption or foster care?
   2. Does the employee need to provide care for his/her own spouse, child or parent who has a serious health condition? (Note: These terms have precise definitions pursuant to law. Contact UHR or OLR for further guidance.)
   3. Does the employee have a serious health condition that renders him/her unable to work?
      
      If no to all questions, then STOP; neither FMLA nor NJLFA leave apply to the employee. If yes to any question, continue to the next step. If you are not sure, complete #3 and then begin again at #1.
      
      
2. Determine if the employee is eligible for family leave
   1. Has the employee worked for Rutgers for at least 12 months (need not be consecutive)?
   2. Will the employee have completed at least 1000 hours of work in the last 12 months as of the date of the leave?
      
      If no to either question, then STOP. The employee is not eligible for placement on FMLA or NJFLA leave; however, he/she may still be eligible for placement on sick leave pursuant to University policy and/or applicable collective agreement provisions. Please contact UHR or OLR for further assistance.
      
      If yes to both questions, continue to the next step.
      
      
3. Obtain verification from the employee’s (or employee’s family member’s) health care provider.
   1. Furnish the Certification of Health Care Provider to the employee
   2. Advise the employee that he must return the Certification to you within 15 days.
      
      
4. Determine which form(s) of leave (FMLA and/or NJFLA) is applicable to the qualifying reason:
   1. Care of newborn or adopted child: FMLA and NJFL
   2. Care of foster child: FMLA only
   3. Care of spouse, child or parent with serious health condition: FMLA and NJFL
   4. Employee’s own serious health condition: FMLA only
      
      
5. Determine how much leave time the applicable law permits and how much of that time the employee has available
   1. Allowable time
      1. FMLA: 12 weeks in a 12-month period
      2. NJFL: 12 weeks in a 24-month period
         
         (Note: In situations where both FMLA and NJFLA leave are applicable, the time will either run concurrently or consecutively depending on the nature of the situation. Contact UHR or OLR for assistance in determining how the time will run.)
         
         
   2. Amount of time available
      If the employee has used any FMLA and/or NJFL leave in the 12 or 24 months, respectively, as of the date the leave will commence, only the balance of such 12-week allotment is available
      
      
6. Ascertain whether the employee desires leave on a continuous, intermittent or reduced-schedule basis, and when the leave is anticipated to begin.
   (Note: Schedule variations not available in all leave circumstances. Contact UHR or OLR for assistance.)
   Employees about to commence FMLA leave on a continuous basis due to their own serious health condition must first exhaust all accrued sick time before the FMLA may commence.
   
   
7. Effectuate the placement of the employee on leave
   1. Provide written notice to the employee confirming his placement on leave.
   2. Submit a PDR, checking off “Family Leave” and indicating the leave beginning and ending dates
      .
8. Near the end of the leave period, begin the process of returning the employee from leave
   1. Two weeks prior to the anticipated return date, notify the employee in writing of the impending conclusion of the leave and the expectation that the employee return to work accordingly.
   2. Submit a PDR returning the employee from leave

 

Resources To Help You
HR Consultants	732-932-3020, ext. 4040
Office of Labor Relations	732-932-3020, ext. 4040
Family Leave FAQs

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Last Updated: 03/14/2007