Family/Medical Leave Guidelines for Supervisors and HR/Business Partners

Take this 35-minute self-paced  e-learning module for Supervisors and HR/Business Partners. It provides detailed information for supervisors along with employees who are responsible for administering Family Medical Leave.

Under university policy and as required by the Federal Family and Medical Leave Act of 1993 (FMLA) eligible employees are provided up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. All regular Academic/Administrative, Managerial/Professional and Office/Service employees with an FTE of .50 or greater are eligible, as are all other employees (including temporary and graduate student employees) who have worked for the University for at least one year, and for 1,250 hours over the previous 12 months.

Eligibility

While the federal FMLA regulation has several requirements for eligibility, the university does NOT have the same requirements. 

Regular Employees

All regular academic/administrative, managerial/professional and office/service employees of the University of Nebraska with an FTE of .50 or greater, are eligible for family/medical leaves of absence. 

Regular Employee RequirementsUniversity FMLFederal FMLA
One year waiting period

No

Yes

Worked 1,250 hours in 12 months

No

Yes

A worksite with 50+ employees or within 75 miles of that worksite

No

Yes

Other Employees

For employees who are not regular status and working 0.50 FTE, a minimum of 1,250 hours must be worked in the year preceding the leave. This would include:

  • temporary
  • post docs
  • on-call (not likely eligible due to on call hours maximum per year)
  • regular part-time less than 0.50 FTE (not likely eligible since .50 FTE is only 1,040 hours per year)
  • student workers
  • graduate assistants*

*graduate assistants should speak with their supervisor/chair about FML eligibility. The Office of Graduate Studies can provide guidelines to supervisors regarding absences, tuition and pay (stipends) while absent.

Process

When an employee requests information about family/medical leave, discuss the following before completion of the form.
  • Is the primary issue for why the leave is being requested a qualifying event under the Family/Medical Leave Policy?
  • Review the employees current leave balances to help them decide whether the leave will be paid, unpaid, or a combination of both. 
  • Any questions about the university's continuing contribution to insurance coverage, even during unpaid leave, may be directed to Campus Benefits at benefits@unl.edu.
  • Determine if medical documentation is required and whether a medical release will be required when employee returns to work. It is usually advisable to request medical documentation; it is sometimes helpful to provide the employee's job description to the medical provider.

  1. Request for Family/Medical Leave

    The employee has communicated to you about their need for time off. Review the items in the Guidelines for Supervisors to determine if the employee should apply for FML. If yes, provide them the Request for Family/Medical Leave form to complete.

  2. Request Form Submission

    The employee completes the Request for Family/Medical Leave, supplying all requested information. The employee gives the request to the immediate supervisor or unit administrator.

  3. Supervisor or Unit Administrator

    They either approves and signs the leave request and forwards the form to the dean or director; or denies* the request and returns the form to the employee. 

  4. Dean or Director

    They either approves and signs the request (sends the original to Human Resources and a copy to the department) and then the department notifies the employee; or denies* the request and returns the form to the department, and the department notifies the employee.

  5. Submit Leave Request

    All time must be submitted with the appropriate leave requests, whether paid or unpaid. Employees must indicate they are using FML in the comments to track the hours used.

  6. Return to Work

    If the FML was for the serious health condition of the employee, a medical return or release document for fitness for duty statement may be required by the unit/department.

*If denied by the supervisor/unit administrator, the employee may forward the leave request form directly to the dean or director for a decision.

*If denied by the dean or director, the employee may appeal the decision. An employee who wishes to appeal the decision bears the responsibility for taking the request to the appropriate administrator.

  • Employees with administrative, managerial/professional, and office/service appointments appeal through the Office of Human Resources.
  • Employees holding academic appointments including chairs, deans, and directors with partial academic appointments appeal through the appropriate vice chancellor in consultation with the Director of Human Resources.

All decisions regarding a family/medical leave for faculty or staff are grievable under existing staff and faculty grievance systems.