FMLA

Elizabetharess

This has to do with an employee that has worked with the company for several years whose hours were reduced to 16 hours a week several months ago. He had a serious illness which caused him to be out for sometime (6 weeks). This was several months after his hours were reduced.
Again I was not made aware of his illness and no FMLA papers were given to him.
How do I check out the eligibility on an employee that has hours reduced? Do I go back from point of illness and review the hours in the previous 12 months?
I am certain he was due FMLA documents but I would really appreciate your help in the ups and downs of FMLA. This is not an easy-answer workforce that I am dealing with. We have many facilities that function somewhat autonomously and I tend to be the last to know.

marc

First, determine basic eligibility. Did he work 1250 hours in the preceding 12 months? Do it just like you suggested. Go back to the original illness date and look back. Payroll should know the hours. In my opinion, if he reached the 1250 hours threshhold, he is eligible for 12 weeks X 16 hours, or 192 hours.

Why is this coming up now? Has he asked for FML?

Going that far back is problematic, your company obviously needs training at the basic supervisory level. You cannot possible hope to administer it from afar and if you are really interested in protecting the company from the various and sundry abuses and exposures, the training is a must.

You might be able to get payroll to alert you if any of your labor force claims 3 days in a row as sick leave. That could start an inquiry and the associated paperwork.

By the way, you could just designate the leave as FML contingent on getting the facts. It is up to the company to determine FML eligibility, and while most of us want the medical service provider to make the call regarding serious illness, it is not always necessary. I often will call pregnancy an FML qualifier without a Dr's. note.

Elizabetharess

Thank you and yes, we are working on training because of the significant oversight that is going on in the facilities.
The person did not ask for FMLA but we recently had an issue where an employee put in a complaint because we did not inform him of his FMLA rights.
Thanks

marc

Don't you have the FML posters up at each location? If so, that is considered proper notice.

Elizabetharess

We do and thank you for reminding me of that!