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Care for Injured Service Member (FMLA)

Military Caregiver Leave (also known as Care for Injured Service Member (FMLA)) is for an eligible employee who is the spouse, son, daughter, parent, Duke-registered same sex spousal equivalent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of active duty on covered active duty. This leave provides an eligible employee up to a total of 26 weeks of leave in a calendar year.

Step 1: Eligibility

Leave must be to care for servicemember who is recovering from a serious illness or injury sustained in the line of duty on covered active duty. Includes the service-member's:

  • Spouse
  • Son
  • Daughter
  • Next of kin*
  • Duke registered same sex spousal equivalent

*NOTE: "Next of kin" is the nearest blood relative, other than a parent, son or daughter, in the following order of priority: blood relative who has been designated in writing by the servicemember as next of kin for FMLA purposes, blood relatives who have been granted legal custody of the covered servicemember, brothers and sisters, grandparents, aunts and uncles, and first cousins.

Step 2: Obtain the following paperwork from the employee and review for completeness

Obtain the following paperwork:

Review for completeness:

  • Confirm the duration of the absence.
  • Confirm that a medical condition requires the attendance of an employee as the caregiver.
  • Confirm the employee is eligible to be a caregiver.
  • Confirm serious illness or injury sustained in the line of duty on covered active duty.
  • Allow the employee at least 15 days from the date of application or the employee's request to submit health care certification unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts.
  • Recertification may be requested every 6 months when associated with an absence (or missed scheduled work time), A recertification can also be required at any time if an extension to a leave is requested, circumstances described in the last certification have changed (such as a pattern of absences around an employee's scheduled days off), or the employer receives information casting doubt on the employee's stated reason for an absence or the continuing validity of the last certification. Again, allow at least 15 days from the date of the request for recertification.

Step 3: Determine if absence is an FMLA qualifying event

To be considered a qualifying event, the covered servicemember must have a serious injury or illness that was incurred in the line of duty on covered active duty that may render the servicemember medically unfit to perform the duties of the servicemenber's office, grade, rank, or rating.

Step 4: Determine how FMLA will be taken - Consecutive or Intermittently

The way in which FMLA is taken will depend on medical guidance provided by the employee's health provider and, if necessary, confirmed by Employee Occupational Health and Wellness.

Consecutive Leave (26 week period for Military Family Leave):

Eligible employees may take up to 26 weeks of unpaid FMLA if qualified for Military Family Leave.

Intermittent Leave:

Tracking FMLA

If leave is intermittent, the department must manually track the number of hours used in a 12 month rolling period. The following tools are provided to assist in doing so:

Intermittent leave is leave taken in separate blocks of time due to a single qualifying reason. It is scheduled regularly or irregularly based on medical needs, caregiver demands, appointments, etc.

If Planned Intermittent Leave is Disruptive to Operations:

  • Management may temporarily transfer the employee to an alternate position for which the employee is qualified and receives equal pay and benefits.  This does not apply to unscheduled intermittent leave.
  • Consult Human Resources, Staff and Labor Relations prior to making such a transfer.

*NOTE: Recertification from the health-care provider may be requested every 30 days when associated with an absence (or missed scheduled work time) unless the condition will last for more than 30 days. Allow at least 15 days from the date of the request for recertification.

Step 5: Notice of Eligibility and Rights & Responsibility

If the employee does or does not meet the requirements for FMLA, the payroll representative/supervisor will provide the Notice of Eligibility and Rights & Responsibilities to the employee within 5 days of when the employee submitted the FMLA paperwork.

If the employee is eligible then the department manager forwards a copy of the Request Leave of Absence Form to the department payroll representative.

Step 6: Payroll Notification

The department payroll representative notifies Corporate Payroll by filling out Payroll Leave of Absence Form.

How to complete the Payroll LOA form:

  1. Check if the employee is exempt (monthly) or non-exempt (bi-weekly) in the box at the top right hand corner.  
  2. Complete the LOA effective date (this is the first day the employee became absent).  
  3. Complete the First, Last Name information, as well as Duke Unique ID, Pay Point, Position Management Number information.  
  4. Action Type - This lets payroll know whether you want this employee to continue to get paid for any vacation/sick/PTO accruals available (or if the employee will be receiving Kiel Program donations).
    • If the answer is yes, mark the LOA-Nonexempt/ Exempt with Pay box.
    • If the employee no longer has vacation/sick/PTO accruals available, and you no longer want this employee to generate a check, mark the LOA-Nonexempt/ Exempt without Pay box.  
  5. Under "Reason"- please check the "FMLA" box for Military Family Leave.  
  6. Sign the form and have it authorized by the appropriate departmental personnel.  
  7. Payroll Leave of Absence form needs to be submitted to Corporate Payroll. Payroll Box 90484, Durham, NC 27708.

Step 7: Designation Notice

Department Representative will provide the employee with Designation Notice to Employee of FMLA Leave for the following reasons:

  • Employee needs to provide additional clarification to determine if the event qualifies under FMLA
  • The employee has met the eligibility requirements and provide additional information to the employee regarding the time off.
  • The event does not qualify for FMLA

Step 8: Record Keeping

The department keeps the Leave of Absence Request Form, Health Care Provider Certification and any other FMLA related information including attendance records in a secure and confidential location and not in the personnel file.

The following forms are maintained in a confidential file and NOT sent to Corporate Payroll:

  1. Personal Leave of Absence Request
  2. Certification of Healthcare Provider
  3. Eligibility and Rights Notice
  4. Designation Notice

Step 9: Upon Employee's Return from Leave

At the end of the leave, complete the Payroll LOA form, returning the employee from leave.

How to Complete the Payroll LOA form:

  1. Check if the employee is exempt (monthly) or non-exempt (bi-weekly) in the box at the top right hand corner.
  2. Complete the RETURN from LOA effective date (this is the first day the employee returned to work), by filling out the "LOA Effective date" box.
  3. Insert First, Last Name information, as well as Duke Unique ID, Pay Point, Position Number information
  4. Check the "Return from Leave" box
  5. Process the necessary Payroll LOA form to transition the employee to a non-FMLA leave.
  6. If not returning to work, the employee should be informed that they will be considered to have resigned their position voluntarily. Process a Termination Form, and send the employee a letter notifying them of this action.

Step 10: If the Employee Does Not Return From Leave

Sign the form and have it authorized by appropriate departmental personnel.

Benefits