Followup on notifying employees of FMLA

sandytennis

I really appreciate the responses received from my posting on 7-7-04. To followup from some of the comments, it seemed to be implied that there was a difference in notification of intermittent leave versus regular FMLA leave. Is that correct? Also, as an employer, am I required to confirm with the employee each time they take intermittent leave? Thanks again for you assistance.

LindaS

Sandy -

There isn't any requirement regarding providing a separate notice for intermittent FMLA but you should address the intermittent issue if the original certification states that intermittent leave is required. My letter states the date the leave will begin and end and if there will be intermittent leave after that, this is stated as well. The employee is also advised that they are required to contact the company in accordance with our attendance policy.

I'm not sure what you mean by "confirming" with the employee. The employee should be instructed that if they are absent due to their FMLA qualifying condition, they are required to notify whoever they are contacting otherwise their absence will fall under whatever your attendance policy states.

Hope this helps.

Don D

Once you have knowledge that the leave is for an FMLA required reason, you have two business days to notify the ee that this will be counted as FMLA. UNLESS there are extenuating circumstances such as a sticking point or disagreement as to whether it qualifies or your need for more information upon which to base a decision. You can notify verbally or in writing, but if verbally, you must confirm it in writing no later than the following payday. The written notification doesn't have to take any certain form, in fact the regs allow it to be even written on his paystub.

I've had many ee's go from what was considered full time FMLA, to intermittent and have not given them additional written notices. But, I have always had a discussion about the fact that each hour must be so designated and will be tracked that way and docked that way if they are out of leave.

It's not required, but it's a good business decision/idea to provide periodic updates as to amount taken and balance. It keeps the books straight, keeps the ee informed and gives you good coverage in case of a charge.

Pork

I agree with Don, put everything known at the time of your last document in the document and set schedules to the degree possible then amend from there. Based on new information your company and you can not be at fault, until you are informed that something was different or changed from your last letter of reference. Always put the responsibility on the shoulders of the ee for the reporting of changed information.

"Dandy PORK"