FMLA When Should We Be Proactive?

scottorr

We have a policy that says sick time can only be used for yourself and that if you are out to take care of a family member, you must use your vacation time (3 wks/yr). I just ended a conversation with an ee who wanted to know if he had to use his vacation time to take care of his sick spouse. Should I have mentioned FMLA now or would you wait and see if he is out for a long period of time? I know the courts have been funny lately with regard to notfication of the right to FMLA. HIPAA has gotten me out of the habit of asking if it is a serious condition.

Whatever

Company policy about using vacation time to care for a sick family member, FMLA and HIPAA are all different things. In any case, you know that the ee needs time off, therefore, give him the FMLA forms. As an aside, I do not believe in witholding FMLA forms to see how long the ee will be out.

Yahoo

I don't ask for an explanation - just say "It sounds like you may be eligible for FMLA," explain the law & process & send the paperwork. Easier to send out now than wait.

Crout

Also keep in mind that FMLA can run concurrent with his vacation time.

hrbanker

Is his vacation already accrued? Does your policy require him to take paid leave in lieu of unpaid leave for FMLA? Our paid time off (vacation) actually accrues in the year it is earned, so if someone was on FMLA in July, I can only require them to take half their paid time.

I would explain the FMLA rights and requirements and let him decide if his wife's illness is serious enough to get medical certification.