Frequently Asked Questions

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  • How are employees paid during FMLA leave?

Employees are paid by accrued sick leave, short term disability, or salary continuation (if applicable). Once sick leave is exhausted, employees may have the option to use vacation leave and floating holidays.

  • What is the difference between continuous and intermittent leave?

FMLA leave does not have to be taken in a single continuous period. In most circumstances, employees eligible for FMLA leave may take such leave intermittently – in separate blocks of time rather than on a single occasion for a single qualifying reason. If intermittent leave is advised by an employee’s healthcare provider, a medical certification would need to include pertinent details on the nature of the leave.

  • Which employees are eligible to take FMLA leave

Employees are eligible to take FMLA leave if they have worked for Emory for at least 12 months (need not be consecutive), and have worked for at least 1,250 hours over the previous 12 months.

  • Do employees have to give their managers medical records for FMLA or medical leave?

No, employees do not have to provide medical records to their manager. For any leave taken due to a serious health condition, an employee must provide a medical certification confirming that a serious health condition exists. The medical certification should be faxed directly to Human Resources. The medical information will not be shared with the employee’s manager.

  • Are employees required to use FMLA if they have accrued sick leave?

FMLA is the federal law which protects an employee’s job during an FMLA-eligible leave. Accrued leave is not a substitute for FMLA. Accrued leave is one of the sources an employee might elect to use to be paid during an FMLA absence. Depending on the specific circumstance, employees may also use vacation, holidays, short-term disability, and/or long-term disability.

  • What rights does an employee have if they receive a negative performance review or disciplinary warning?

An employee is always strongly encouraged to discuss any disciplinary actions with their supervisor. An employee who does not agree with their performance review assessment should discuss it with their supervisor during or after the review discussion. The employee may provide a written response to be included with their performance review. An employee who does not feel comfortable taking their concerns to their supervisor may go up their supervisory chain to the level where they are comfortable voicing their concerns. Employees may also meet with their local or central Human Resources representative to discuss any workplace issues they may have.

  • Where should an employee go if they do not feel comfortable going to their departmental Human Resources representative?

Employees may meet with their central Human Resources representative to discuss any workplace issues they may have.

  • If an employee meets with Employee Relations, will their conversation remain confidential?

If an employee reports an incident of harassment or abuse, their Employee Relations representative is legally compelled to report that incident to the proper authorities. Otherwise, the meeting will remain confidential unless the employee authorizes Employee Relations to share their discussion with the department.