FMLA: BUT NOT 3 CONSECUTIVE DAYS

Plano

Maybe I made this up but can someone tell me if they read that we can issue FMLA paperwork when an employees lets say is absent Monday, Tuesday but returns Wednesday,is absent again on Thursday. The employee does this for two weeks straight. I'm under the impression that I read (could be my imagination really) that the 3 days don't necessarily have to be consecutive. Please correct me if I am mistaken. Just in case I'm not can somebody show me where I might be able to find this information. I have a whole book on FMLA but of course it read like a law journal. Thanks!

Just my little question of the day!

LindaS

Under 29CFR825.114 under the definition of a "serious health condition it states, "Continuing treatment by a health care provider includes one or more of the following, (i) a period of incapacity of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition...". You can find this information on the DOL website - [url]www.dol.gov[/url].

Hope this helps.

Don D

I doubt this is what you have, but it would also qualify if he spent that first night at the hospital, then missed another day, then returned and then went back out. Remember that it can trigger FMLA when a qualified individual has a hospital or treatment center stay of one night. Sounds like what you really have is a guy/gal burning up all their no-fault points or sick days who is about to crash and burn.

njjel

I believe it depends if the ee brings in certification from their physician that states this is a serious health condition requiring intermittent leave. Intermittentleave is provided for in Section 825.203.

Plano

Thanks for your responses. I actually don't have any employees doing this were I currently work, but at a leadership training recently I mention to the attendees that at a previous place I worked a lot of employees were doing this very thing. I stated I would send them an FML notice if they missed work on Monday and Tuesday but came back wednesday but then were absent on Thursday and Friday. I stated that if the employee did this two weeks in a row and the managers became concerned, I would send the employee the FML paperwork.

Maybe this was a company policy and not necessarily something the law stated we should do.

SMace

Please don't forget that it is MORE than three consecutive days.