FMLA Confusion

HR Newbie

Help! I have an employee who is habitually absent. She was out three days for gout and stated she had a doctor's release to return to work the following Monday. She failed to return and failed to notify anyone of her intended absence. Repeated attempts to contact her throughout the day failed. Upon her return she was suspended for two days, as per our personnel policy, for failure to notify. Is disciplinary action like this covered when an employee fails to return to work or notify her supervisor of continued absence?

Jeri

FMLA only applies if employee is absent MORE THAN 3 days or is hospitalized overnite. You must only give her paperwork to complete in those circumstances. But even if FMLA did apply, employees must still follow the rules. AWOL is always subject to discipline.

Theresa Gegen TX

Also, don't forget that an employee may get FMLA for a chronic recurring condition (intermittant leave). So if all the recurring absenses are due to a medical condition you may want to get the employee to fill out the FMLA paperwork, so her job will be protected. I know nothing about "gout" and whether it qualifies. The best route would be to get her doctor to determine whether it qualifies, because a condition that can be mild in one person, can be serious in another.

I agree with the previous response, that even if she qualifies for FMLA intermittant leave, she has a responsibility to contact her employer about when she will be absent, and she should be held accountable.

Good Luck

WO

The US Dept of Labor WH-380 form lists the 6 conditions eligible for FMLA, from Hospital Care to multiple treatments of non-chronic conditions. It is a form I give to all employees on FMLA for completion by their health care provider.

Theresa Gegen TX

That form is most likely available at the Department of Labor's website: [url]www.dol.gov[/url]

Good Luck

System

Here's a link to DOL's FMLA web page. It includes a link to the Medical Certificate (Form WH-380) referred to in the previous message.

[url]http://www.dol.gov/dol/esa/fmla.htm[/url]

Hope this helps!

Gar

In similar situations we've used the "three strikes and you're out" rule. We send the employee three telegrams over a 6 to 9 day period asking him/her to contact us and warning that failure to do so will result in termination of employment (job abandonment). It gets their attention, and quickly. Now, if it turns out the employee was incapacitated to the extent that he/she couldn't notify us, we make the employee whole (reinstatement). But AWOL is AWOL and to not let us know their intent is job abandonment.

Lori Perdue

Hello, All... I have an Employee that completed her FMLA Paperwork in March for reasons relating to her own serious health concerns. She was absent 10 days, then returned to work with a Dr's release. She was recently in an auto accident and she expects to be out at least three weeks. I mailed her a new FMLA packet, asking for Dr's form to be completed, advising her that I was counting these accident-related days as part of FMLA leave. Here's the Question: Does this second unrelated reason begin a new 12-week eligibility? The form eludes to that... or is it 12 weeks totally available - regardless of how many - of any type of - events - in our 12 month designated period? I dug through my original research and did not find a conclusive answer... Thanks!!!
Lori in Maryland

Margaret Morford

Lori,

It's 12 weeks total per year. You need to look at how you determine that year. If it's calendar year, she could be absent October, November and December and then January, Febrauary and March of the next year - 24 weeks in a row. That's why I always recommend that your policy say 12 weeks in a 12 month rolling cycle. If you have any questions about my answer, call me at 615-371-8200.

Margaret Morford
theHRedge

skipper

I love this service for HR help! I had the very same question, and like Lori, was unable to find a definitive answer in the reference material I have. I was perusing the Employers Forum and read this question and answer. Thanks!