FMLA - VI. Designation of Leave and Return to Work

Leave Designation

After the Office of Human Resources receives the medical certification, the employee will receive an FMLA - HR2b Designation Notice which will indicate whether he or she:

  • Is approved to take leave pursuant to one or more of the leave entitlements;
  • Must provide additional information; or
  • Is not approved to take leave pursuant to one or more of the leave entitlements.

An employee designated to one or more of the leave entitlements, along with the employee’s supervisor and the payroll office, will receive the FMLA-HR2c CORE-CT Coding form from the Office of Human Resources.  The leave designation will be for a period of time.  If the designation is for a period of time greater than thirty (30) days, periodic updated medical certificates may be requested. Similarly, if the designation is specific and time away significantly deviates from the approval, an updated medical certificate will be required.

Return to Work and Fitness for Duty

When an employee has been approved to take leave for his or her own serious health condition/illness, a Return to Work/Fitness-for-Duty certification is required and must be submitted to the Office of Human Resources, prior to any return to work.

  • No fitness-for-duty is required from an employee taking leave to be a caregiver or to bond with a child. However, notice must always be given for leave time and returns.
  • The employee will be notified of the fitness-for-duty requirement at the time of the leave designation.  That requirement will be found on the FMLA-HR2b Designation Notice (page 3) and the form is available on the P-33A Employee Medical Certificate.
  • The fitness-for-duty can be requested only for the health condition that caused the employee’s need for leave.
  • The employee is responsible for the cost of the certification, if any.
  • For intermittent or reduced schedule leave, an employee cannot be required to produce a fitness-for–duty certificate after each occasion of use; periodic medical certifications can be required.
    • However, under federal leave, the employer can require a fitness-for-duty certification, in connection with intermittent or reduced scheduled leave, if reasonable safety concerns exist regarding the employee’s ability to perform his/her duties.