15-Day Wait Period...In The Meantime
TMC
1 Post
An employee was placed on Probationary Warning for poor attendance. (We have a no-fault attendancy policy with a point system.) In accordance with our Attendance Policy, an employee remains on warning for 60 days. If an employee receives a Probationary Warning, further infractions (excused or unexcused) within the period of the warning (60 days) will result in discharge.
During the 60-day period the employee was absent 3 work days for the flu. Upon his return to work he was suspended pending termination and further information regarding his illness. He presented a doctor's note excusing him from work (3 work days, 5 calendar days). His only prayer to keep his job was FMLA. He was provided FMLA documents and the medical certificate to be completed by his physician. He had 15 days to return the medical documentation and was told he could not return to work until the documentation was reviewed. On the 14th day he presented the required documentation (which is about average timing for doctors to complete FMLA paperwork). In addition, this employee is scheduled to begin his vacation the upcoming work week.
Finally, my question: What about those 15 days? Are they to be counted toward his FMLA leave even though the 15 days are not included in the FMLA documentation from the medical provider. And, should his paid vacation be substituted for 5 of those 15 unpaid days (which was indicated as a requirement on the FMLA response form) or must he be allowed to go on vacation as scheduled. My boss thinks he should account for his whereabouts for those 15 days or they must be included in the medical documentation to excuse him from work; and, he doesn't get another 5 days off for paid vacation.
During the 60-day period the employee was absent 3 work days for the flu. Upon his return to work he was suspended pending termination and further information regarding his illness. He presented a doctor's note excusing him from work (3 work days, 5 calendar days). His only prayer to keep his job was FMLA. He was provided FMLA documents and the medical certificate to be completed by his physician. He had 15 days to return the medical documentation and was told he could not return to work until the documentation was reviewed. On the 14th day he presented the required documentation (which is about average timing for doctors to complete FMLA paperwork). In addition, this employee is scheduled to begin his vacation the upcoming work week.
Finally, my question: What about those 15 days? Are they to be counted toward his FMLA leave even though the 15 days are not included in the FMLA documentation from the medical provider. And, should his paid vacation be substituted for 5 of those 15 unpaid days (which was indicated as a requirement on the FMLA response form) or must he be allowed to go on vacation as scheduled. My boss thinks he should account for his whereabouts for those 15 days or they must be included in the medical documentation to excuse him from work; and, he doesn't get another 5 days off for paid vacation.
Comments
Then make the employee come to work everyday as scheduled. There is no reason to suspend the employee. If he doesn't get his paperwork in he will be terminated. In fact, since the employee gave the company enough information for the company to know that it may be FMLA qualifying, suspending the employee during the 15 days is probably not a good idea.
Good Luck!!