FMLA Leave

Kmack

I have an employee that requested FMLA leave on 11/12/01. He stated that he needed to be off of work until 11/27/01 at the request of his doctor for a panic/anxiety disorder. He stated that he was depressed and very emotional. Well, I gave him the forms to have completed for FMLA leave. His mother came byby the next day and said that the doctor refused to sign off on the forms. I then noticed that it was a walk-in clinic that had put him off for two weeks. I I asked if he had a regular doctor, she said that she would try to get him in as soon as possible. Well before the week was up, his grandmother passed. So, he was allowed one day off with pay. Remind you that he absence was continuous until the two weeks were up. He returned to work today, and still did not have the form complete. He states that the clinic will not sign off on it, but I do have a note from their excusing him from work for 2 weeks by them. He has an appointment to talk with the manager of the clinic tomorrow, to see if she will sallow the doctor to sign the forms. I understand that if it is not brought back, then we will not have to count it as FMLA, but under our policy, a continuous absence for illness is considered to only count as one occurrence. That seems unfair to all others that have been in this situation. If we change our policy, will he just be the one that got by, or can we change it prior to his disciplinary action. Please provide any input.
Thanks!!

System

I'd go by the book on this case, and change the book later if you need to. In other words, follow your company policy for a sick leave that's not covered by FMLA. Change your policy if it's unfair, but I wouldn't apply it retroactively.

James Sokolowski
Senior Editor
M. Lee Smith Publishers