Employee isn't requesting FMLA leave - should I pursue?

mwild31

[font size="1" color="#FF0000"]LAST EDITED ON 07-07-03 AT 02:48PM (CST)[/font][p]I have an employee that was written up last Thursday because, after accepting the position of backup to his supervisor while the supervisor was on vacation, came in late for work, complaining of stomach problems, and consequently missed some valuable training time with his supervisor prior to the supervisor leaving. The ee, later that day, went to his doctor's office and supplied me with a note (I received it today) from the doctor that states: "(ee) is being treated for chronic persistant gastritis. His condition periodically flares up and due to this he may need to miss several days of work at a stretch to recover."

Here's the question, the employee is not specifically asking for FMLA coverage, but I feel we need to get the paperwork started. Can I insist that the employee begin this process?

Here's some of the issues:

Doctor's note is too vague and it looks like a license to miss any day or several days with this blanket note (I would prefer a treatment plan with doc).

Also, this ee, last year after coming to work with alcohol on his breath, spoke with me and his supervisor about realizing he was an alcoholic. With my help, he began treatment, but soon after quit and told me that he really didn't think the problem was all that bad and that he could control himself - he hasn't mentioned it since, however, another ee approached us last Thursday morning (prior to the ee coming in late) and told us the ee in question called him the night before and was so drunk, he couldn't understand what the ee was saying. Apparently, the supervisor knew the ee was still drinking.

I'm concerned that without a treatment plan and something more specific from the doctor, this note could just be used as a free pass to hangovers.

Any answers?

Brad Forrister

You can and should start the FMLA clock running. It's always to the company's benefit to get the clock started as early as you can determine it's applicable. The decision as to whether to start counting time against FMLA is the company's, not the employee's.

Brad Forrister
Director of Publishing
M. Lee Smith Publishers

mwild31

Excellent - thank you!