Administrative Question on FMLA

KP68

Just a general S.O.P. question:
When you find out that an employee has been out sick more than three consecutive calendar days, do you automatically send FMLA papers as soon as you are aware of this, simply because the employee has been out this length of time, even if there is no written info as to what the reason is (meaning you wait for the Certification to determine the reason)?

Rockie

I just go ahead and send the paperwork, tentatively designating the leave as FMLA, pending receipt of paperwork back. Three days out sick is a "trigger point" that this could be FMLA and I'd rather go ahead and send the paperwork than risk losing track of them.

stilldazed

We do the same as Rockie. Because 3 continuous days is a trigger point and the employee's calling in to a supervisor (usually not the HR Dept.) is enough to satisfy his/her request responsibilities, I send papers and make a tentative designation for 15 days pending medical certification. Sometimes it means extra work, but sometimes I find that it starts a critical documentation trail at a good time and helps educate the workforce some. It gets easier to weed out uncooperative employees once the employer does its part.

We take the process one step further with a short general information letter (which includes a description of potential pentalties if FMLA does not apply). Employees who have persistent attendance problems but who don't appear to reach FMLA trigger points will get a general info letter. It lets folks know we're watching.

KP68

Great, thanks. That's exactly what I have been doing for some time now, I just needed to hear that I wasn't doing it the hard way!

Don D

I agree totally with the following from StillDazed: "I send papers and make a tentative designation for 15 days pending medical certification. Sometimes it means extra work, but sometimes I find that it starts a critical documentation trail at a good time and helps educate the workforce some. It gets easier to weed out uncooperative employees once the employer does its part."

Too many times we read posts from HR people wanting info on how to back up and do it right or wondering what can be done retro, etc. Even though this might be viewed as overkill, it's sure the best approach to building the paper trail and lining up your ducks in a straight row.

stilldazed

You must have taken your "make-someone-feel-good" pill today. It's working, and thanks.