EE not "Checking In"

AngelaTN

Our policy says that EE's on FMLA need to check in at least monthly with their Supervisor to let them know their status and intent to return to work. I have an EE on pregnancy leave who has not checked in. We have called her and left messages as well as sent her a letter asking her to contact us, but she has not. During her leave, we swithed insurance plans and did not receive her paperwork. What recourse do we have regarding her non-compliance with her end of FMLA? Any?

Don D

Angela: 29CFR825.309 states, "An employer may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work. The employer's policy regarding such reports may not be discriminatory and must take into account all of the relevant facts and circumstances related to the individual employee's leave situation."

If I were a Department of Labor investigator, responding to a charge of pregnancy discrimination, FMLA retaliation and sex discrimination, I would be inclined to look at whether your 'monthly' policy makes sense in the case of an employee who is pregnant, a condition which is likely not going to change periodically. I would probably dig real deep to ensure that you require this of other similarly situated FMLA users. And I would ask you what is the relevance of having her call her supervisor every month if you know she is pregnant and her medical certification is in order.

I really think this is not one I would pick to ride roughshod over. Sounds really risky and a battle I wouldn't invite.

LindaS

I would have to agree with Don regarding this scenario unless the EE is nearing the end of her leave period and you are looking to find out when she is to return to work. What did her initial approval letter give for a date to return to work? If she has only been out four weeks and she was approved for six or more, I wouldn't do anything at this point.

Regarding her failure to return the insurance paperwork, I would send her a letter explaining that her failure to return these papers may impact her continued coverage, if that is the case.

Rockie

I agree with not requiring an employee to check in periodically unless there is a good reason. I would be much more concerned about not getting the health insurance information back. This could, most definitely, impact her coverage. I would sent her a letter to this effect, certified. When she starts getting denied claims, she will contact you.