Employee won't 'Request' FMLA - can we designate

Elizabeth

We have a small group of employees in a certain department who are somewhat 'defiant' when it comes to administrative functions (completing forms, etc.) Whenever one of these employees is off work for a reason that we feel qualifies as FMLA, we send them an FMLA packet (Request form, company policy, copy of the Act, instructions). Many times we cannot get them to complete the Request as rarely get them to have their doctor complete the medical documentation form when we've asked for it.

My question is: can we designate FMLA even though they never requested it? If so, how can we get medical documentation if they won't sign the request? We don't want to designate FMLA if the condition does not qualify, but getting detailed medical info. is so difficult. Can we just send the employee a letter within a few days of the leave stating that we consider this FMLA?

Gar

As you mention, employers can designate FMLA coverage. But if employees aren't willing to meet you half way by providing the medical certification, I'd tell them you can't designate the absences which become chargeable and could ultimately lead to employment termination. They want to be "defiant," that's fine, but they do so at the risk of their employment.

memiller

I'm having the same problem. Our policy states that if they don't return the medical certification within 15 days of being notified of possible eligiblity, their time off will not be considered FMLA protected. Then we handle it as an attendance problem. Having the documentation in the file will help if they should claim they were never notified of their FMLA rights.

Paul

1. Yes, you can designate the leave as FMLA even if they don't ask for it to be so.
2. Yes, send a letter with all of the paperwork, etc. and explain in the letter that you are tentatively identifying this as FMLA leave pending the receipt of the physicians certification, and make sure that you include the 15 day deadline FROM THE DATE OF THE LETTER TO THE EMPLOYEE.
3. As long as you have done the above, if they do not get the paperwork turned in within the 15 day period, you are free to consider it non-FMLA leave, and it is then subject to your absenteeism policy.
4. It has been my experience that once employee's fully understand about their protected return to work under the FMLA, they are not shy about asking for a leave to be designated as FMLA qualifying (therefore, keeping it off their absenteeism record).