Yet another FMLA question!

bgrimes

I'm a little confused. When someone goes on FML can we start the 'clock' running at the time of the request? or do we have to wait for the doctor's Certification to come? And, if the doctor doesn't send the Certification by the 15th day, are we mandated to deny the FMLA leave?

Gar

Th clock doesn't start until the employee is actually on leave. Also, regarding the 15 days, you can deny the leave until you receive the certification - assuming the condition isn't obvious (pregnancy, knowledge the employee was in an accident and is hospitalized, etc.).

Theresa Gegen TX

Here is a better way to do it:

Some one requests FMLA leave. If it is expected, they should give you 30 days' notice of the need, and be able to get the form back before they go on leave.

If it is not expected, they can go on leave before the form is returned and you can conditionally designate the leave as FMLA leave and start the clock running (the regs specifically allow this). If the person never gets the form back, they are absent without leave and should be treated as such under your attendance policies.

Good Luck!

System

If you don't have it, you might want to get our HR Executive Special Report called "FMLA Leave: A Walk Through the Legal Labyrinth." It's written by staff attorney Anne Williams, who lurks around this forum sometimes. It's free if you're a member of our Law Center in your state; $47 for everyone else.
[url]http://www.hrhero.com/special.shtml[/url]

James Sokolowski
Senior Editor
M. Lee Smith Publishers