FMLA Gods and Godesses, please help newbie
Squishypig
73 Posts
I do not have much experience with anything but straightforward FMLA situations. Now I have a sticky situation that I have to have a game plan for because I am meeting with the managers and employee this afternoon.
The situation: We have a server who meets the requirements of working the needed amount of hours and length of service for FMLA. She requested a LOA for medical reasons 9/24/02. Mailed her the FMLA forms on 10/11/02 requesting that she receive medical certification from her doctor and indicating that her FML will start 10/11/02 (subject to the certifcation). The forms mailed were returned by the post office unclaimed and my other attempts at locating the employee were not successful (phone, friends, family). So the EE never saw the FMLA forms.
The EE called last week to see if she could pick up a shift and she was scheduled. The day before she was to work, her sister went to the restaurant to let them know EE was not going to be able to work and had a doctor's note excusing the absence and saying that EE would benefit from being allowed to gradually take on more duties (we are unclear if it means to take a shift here or there or to actually just do less while on duty).
The managers would like to terminate her because they were unhappy with her attitude before she went on leave, saying that she could not do certain undesirable things because she had a headache, calling out, getting involved in dramatics with other employees. However this was not documented as of her last evaluation. I am concerned because she may be eligible under FMLA and don't want to be hasty and terminate. My questions are, if I present FMLA to her this afternoon, could I use the same papers that I mailed to her in October designating the leave from 10/11/02 or should I fill out all new paperwork putting the leave starting today (pending certification)? If she refuses FMLA, could we terminate her at that point? [IMG]http://www.gamers-forums.com/smilies/otn/confused/1zhelp.gif[/IMG]
Johnette
[link:www.hrhero.com/cgi-bin/employersforum/employersforum.cgi?az=email_user&userid=Squishypig|Spread your HR wisdom, e-mail me!]
The situation: We have a server who meets the requirements of working the needed amount of hours and length of service for FMLA. She requested a LOA for medical reasons 9/24/02. Mailed her the FMLA forms on 10/11/02 requesting that she receive medical certification from her doctor and indicating that her FML will start 10/11/02 (subject to the certifcation). The forms mailed were returned by the post office unclaimed and my other attempts at locating the employee were not successful (phone, friends, family). So the EE never saw the FMLA forms.
The EE called last week to see if she could pick up a shift and she was scheduled. The day before she was to work, her sister went to the restaurant to let them know EE was not going to be able to work and had a doctor's note excusing the absence and saying that EE would benefit from being allowed to gradually take on more duties (we are unclear if it means to take a shift here or there or to actually just do less while on duty).
The managers would like to terminate her because they were unhappy with her attitude before she went on leave, saying that she could not do certain undesirable things because she had a headache, calling out, getting involved in dramatics with other employees. However this was not documented as of her last evaluation. I am concerned because she may be eligible under FMLA and don't want to be hasty and terminate. My questions are, if I present FMLA to her this afternoon, could I use the same papers that I mailed to her in October designating the leave from 10/11/02 or should I fill out all new paperwork putting the leave starting today (pending certification)? If she refuses FMLA, could we terminate her at that point? [IMG]http://www.gamers-forums.com/smilies/otn/confused/1zhelp.gif[/IMG]
Johnette
[link:www.hrhero.com/cgi-bin/employersforum/employersforum.cgi?az=email_user&userid=Squishypig|Spread your HR wisdom, e-mail me!]
Comments
I would tell her that if she does not return the certification, she will be considered absent without leave, and will be treated accordingly. (You might want to put this in writing to her and hand deliver the letter to her). Her leave would start the first day of her absence.
Since she has never actually gotten the FMLA paperwork, you can't hold it against her that she has not returned it. I would not terminate her for performance issues that were never recorded or addressed. It looks too much like FMLA retaliation.
Good Luck.