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Employees must be given written notification by Human Resource Services of the designation of their absence as FMLA leave. In the case of a leave with an unforeseeable need the notice of designation may be verbal initially and subsequently confirmed in writing.
The written notice will contain the following information:
- Notification that the leave will be counted against the employee’s annual FMLA leave entitlement;
- Any requirement for the employee to furnish medical certification of a serious health condition, the due date for the return of the certification and the consequences for failing to return the certification in a timely manner;
- The employee’s right to substitute paid leave for unpaid leave;
- Any requirement for the employee to make premium payments to maintain benefits, the arrangements for making such payments and the possible consequences of failure to make such payments in a timely manner;
- Any requirement for the employee to present a physician’s fitness for duty certificate to be reinstated (see Certification required for return to work);
- The employee’s right to restoration to the same or an equivalent job upon return from leave; and
- The employee’s potential liability for payment of health insurance premiums paid by the University of Northern Iowa if the employee fails to return to work after the leave.
Retroactive designation of leave as FMLA can occur in the following circumstances:
- The employee’s supervisor did not learn of the reason for the absence until after the absence has begun or the employee returned to work, or
- Human Resource Services made a preliminary designation of the leave as FMLA leave (and notified the employee) pending receipt of medical certification.
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