Common sense practices for Leave Procedures

stretched2thin

We've recently implemented FMLA in our office, which included FMLA training for all employees & separate training for supervisors, since we met the 50 ee's in 75-mi. radius criteria. I feel like I'm killing myself trying to determine if as little as a few hours for an MD appt. is FMLA. I'm so worried that we'll end up terminating someone for excessive absenteeism, then it turn out that some of the days were FMLA. I don't think our supervisors are thinking of it from that standpoint, thus not notifying me and ticking down FMLA days as obsessively as I'd like them to.

I tend to think many employers focus on FMLA from an extended leave standpoint, so maybe I'm being overly cautious. I have forms and practices if it's fewer than 5 days, more than 5 days, FMLA, non-FMLA, etc.

I'd like to know what the common practices are from you who've "been there--done it" folks, some common sense practical advice. ("Don't sweat the small stuff or DO sweat the small stuff.")

I'd be happy to speak with you on the phone or through e-mail communication, if that's easier. Or via a reply posting. Thanks to anyone who can help.

SDDCHR

Just remember the rule...is the employee going to be out for 3 consectutive days? And, is it a condition which requires inpatient care or continuing treatment by a healthcare provider. If someone is going to be out for less then 3 consectutive days but is going to require ongoing treatment, then put them on intermittent FMLA.

SMace

[font size="1" color="#FF0000"]LAST EDITED ON 02-26-04 AT 10:51AM (CST)[/font][br][br]IT'S NOT THREE DAYS, IT'S MORE THAN 3 DAYS. Whew, I feel better now. x0:)

SMace

I look at the length of absence first, then I look if it was a hospitalization or it could be a chronic condition. If they say they are sick and are out 3 days, I move on. If they say they are sick and are out 4 days, I give them FML papers( if eligible). If they say they were in the hospital I give them FML papers. If they say they have migraines or asthma, I give them FML papers. We use attendance sheets to document absences. The coaches are instructed to write down what they say and don't inquire further when it is a medical condition. We use the attendance sheets to help us figure out if it could be FML.

Don D

Here's a common sense rule I keep in my shirt pocket: Never consider termination when a contributing factor is any absence for illness related reasons UNTIL: You have verified that the absence did not involve a hospital stay to your knowledge, you have verified that it was not a chronic medical condition which might be intermittent FMLA, you have verified that there was no doctor's excuse turned in which seems to indicate something ongoing or serious.

I think if I can look at it that way and dismiss all those possibilities, then there's not much chance of FMLA violation. If on the other hand, a termination does seem to involve absences related to anything that whispers or screams illness of the ee or a family member, take out a medium sized microscope and do some inquiring.

Don't get hung up on the 'more than 3 day' deal. Lots of FMLA events don't necessarily meet that.

POPEYE

>Don't get hung up on the 'more than 3 day' deal.
>Lots of FMLA events don't necessarily meet that.


I would go as far as to say in my experience, MOST of them.