FMLA and Salaried Employee

a7227

We have a top salaried employee who has now been out of work for approximately two weeks. He provided a Physician's excuse the 2nd day of being out of work.
He had 40 hours of Accrued Sick Leave and 120 hours of Accrued Vacation at the initital time of his absence. On the last pay check, his supervisor paid 32 hours of regular time, 40 hours of sick leave and 8 hours of vacation hours to accumulate a full pay check. He is now into the next pay period; the employee phoned the payroll clerk, and has requested he be paid his vacation time until he is released to return to work. His supervisor then notified him that he needed to complete the "Family or Medical Leave Request Form" and to return it within 7 days, along with a Physician Certification. Of course, the supervisor did not get a signed receipt that the employee received this letter.

Does this employee HAVE to comply with this request? Or can the employee simply use his accrued vacation time for this illness?

There has been no communication between the supervisor and the employee.

Thank you.

Margaret Morford

Designation of FMLA is at the employer's choice. I would tell the employee that he must return the paperwork in order to return to work, that you need to make sure he's physically capable of returning to work.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

a7227

Thank you for the fast response. I just wasn't sure if this employee absolutely was required to comply with the FMLA request or not.

a7227

njjel

Yes, if that is your company policy. An employee does not have the right to "elect" FMLA. It is the employer that designates it upon learning of the necessity.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 05-28-02 AT 03:45PM (CST)[/font][p]Moving forward, I would not have supervisors relating FMLA instructions or forms to employees. That task should be closely guarded by HR and such notices of instruction should be made by certified mail, even though it may appear a bit haughty. Also would caution about somebody stating a seven day deadline for return paperwork when the Act allows for certification within 15 days, or as soon as practicable. Also, the practice of paying accrued leave while a person is on FMLA should be determined by the company's policy of doing so, not by an employee's phone call to payroll. Don't know the situation, but, the payroll supervisor or controller might consider chastising payroll for following such instructions. If its done and not in accordance with your policy or practice, you've got a precedent to deal with from that point forward.