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Stanford
Manager Toolkit

Employee Medical Leaves of Absence and Requests for Accommodations

As a manager, it is important that you recognize when an employee’s request for time off of work for a medical reason or for a medical workplace accommodation may require Stanford to take certain actions under state and federal laws.

Below is information about protected leave under the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) as well as medical accommodations under the Americans with Disability Act (ADA) and California Fair Employment and Housing Act (FEHA). Employees may not be familiar with these specific laws, so do not rely on employees to make requests under them by name. Instead, as a manager you should be attentive to requests made by an employee and reach out to your local Human Resources (HR) office if you believe protected leave under FMLA/CFRA or a medical accommodation under the ADA/FEHA may be implicated. Local HR will then ensure that the appropriate next steps are taken and coordinate with you as needed.

Medical Leave of Absence Under FMLA/CFRA

Definition

An employee may be eligible for job-protected leave for a wide variety of reasons under the Family and Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA).  A job-protected leave means that the employee must be reinstated to the same or an equivalent job when they return to work.  Additionally, the department cannot deny the leave when the situation qualifying for FMLA/CFRA is appropriately verified.

Certain conditions qualify for FMLA and/or CFRA, including:

  • A serious health condition that makes the employee unable to perform their job.
  • The birth of a child or the placement of a child with the employee for adoption or foster care.
  • Under FMLA, the serious health condition of a spouse, same-sex domestic partner, parent or child that requires the employee's absence from work to care for the ill family member.
  • Under CFRA, the serious health condition of a child, parent, parent-in-law (parent of a spouse or domestic partner), grandparent, grandchild, sibling, spouse, domestic partner, or designated person that requires the employee’s absence from work to care for the ill family member. “Designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The “designated person” may be identified by the employee at the time leave is requested. An employee is limited to one “designated person” per 12-month period.

Overview of Steps for Taking a Medical Leave

  1. An employee that is considering a medical leave of absence should meet with their HR manager to determine the most appropriate type of leave given their circumstances.
  2. The employee should then notify you of the type of leave they want to take and provide you with their estimated leave dates so that both can plan accordingly. If the employee is planning a leave in advance, such as a pregnancy leave or elective surgery, they should notify you at least 30 days before the intended start of their leave.
  3. AbsenceOne, Stanford’s disability administrator, will determine the employee’s eligibility for leave under FMLA/CFRA and any disability benefits once the employee opens a claim.
  4. During their leave, the employee should notify you of any changes, including to their anticipated return-to-work date and work restrictions. At least one week before the employee plans to return to work, they should confirm their return-to-work date with you.

There are many other types of leaves available to employees for non-medical reasons.  For more information, please see Administrative Guide Memo (AGM) 2.1.8 Miscellaneous Authorized Absences, AGM 2.1.18 Military Leave, AGM 2.3.5 Disability and Family Leaves, and  Cardinal at Work.

Please also see Managing Employees on Leaves of Absence for additional resources.

Examples of Requests

Below are examples of requests you may hear from an employee that may fall under FMLA and/or CFRA. You are not responsible for determining whether or not the employee is eligible for FMLA and/or CFRA. However, if you hear these or similar requests, please contact your local HR office so that they can obtain any additional information that is needed and advise the employee of their rights and next steps.

“I need to take 3 weeks off due to a surgical procedure I am scheduled to undergo next month.”

“I need to take time off of work to take care of my mother, who is very ill.”

“My domestic partner and I are expecting our first child and I would like to take time off following birth to help care for and bond with my baby.”

Workplace Accommodations

Definition

The Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA) requires employers to provide reasonable and effective accommodations that enable employees with disabilities to perform the essential functions of their jobs.

A disability is defined as any physical or mental impairment that limits one or more of an individual's major life activities. To ensure equality of access for employees with disabilities, the University will provide reasonable accommodations and auxiliary aids to enable the employees to perform the essential functions of their jobs.

Accommodation requests do not need to be made in a formal way or explicitly use the term “reasonable accommodation.” An employee may reference the need for an accommodation during an ordinary workplace conversation.

When an employee requests an accommodation, we have a duty to engage in the interactive process under the ADA/FEHA.

Overview of Steps for the Interactive Process:

  1. Work with the employee and your local HR office to gather additional information about the employee’s restrictions and limitations as needed to evaluate the employee’s request.
  2. Once the necessary information has been gathered, you  and your local HR manager should discuss the employee’s restrictions and what changes or modifications can be made to enable the employee to perform the essential duties of their job.
  3. After a decision has been made, you and your local HR manager should meet with the employee and notify them of the determination.
  4. Remember to monitor the effectiveness of any approved accommodations.

For more information, please see Administrative Guide Memo (AGM) 2.2.7 Requesting Workplace Accommodations for Employees with Disabilities

Examples of Requests

Below are examples of requests you may hear from an employee that may prompt the need to engage in the interactive process under the ADA and/or FEHA. You are not responsible for determining whether an employee has a disability. You also should not ask the employee to disclose their medical diagnosis. However, if you hear these or similar requests, please contact your local HR office so that they can advise the employee of their rights, obtain any additional information that may be needed, and work with you to determine next steps.

“I have an issue with my lower back. Sitting or standing for long periods of time causes more pain and affects my mobility.”

“I'm having difficulty getting to work on time because of the side effects of medication I’m taking.”

“I am having difficulty with typing and I need assistance.”