FMLA paperwork....AGAIN

lnelson

I gave an ee the FMLA paperwork approx 2 1/2 mths ago never received them back. I asked about them about 1 mth ago no response was given.

Now the ee is asking for the paperwork again stating he can not locate the ones I gave him.

He is clearly over the time frame, what is my obligation he has been absent on and off for the past 2 1/2 mths are those days considered FMLA?

Thanks,
Lisa

POPEYE

If you notified the EE in writing of what their rights and responsibilities were, and on that notification you so stipulated that the certification must be returned within....days (the regs call for a minimum of 15 calendar days),
then you do not legally have to retro leave. Check out 825.301 through 825.305 of the REGS.

Don D

Lisa: You really must tighten up your process. Anytime FMLA paperwork is given to an employee it must contain a clear instruction as to the latest date it may be returned and be acceptable to Human Resources. If that timeline is not adhered to by the employee, the application is void and denied. Of course, we may all allow extra time in extenuating circumstances which should be well documented and unusual. In the event you do decide to be flexible in your requirements and send out repeat paperwork and open the time window again, you should cover it with a letter stating, "Enclosed is an additional set of our required FMLA forms. You were given a set on January 10, 2004, and did not return them to our office in accordance with the instructions and our policy. You must return these forms to our office no later than April 18, 2004, or your application will be rejected." The reason to do this is because this person will likely challenge you down the road and handing a copy of this documentation to the DOL investigator will gain you an investigation victory, hands down.




Note: The preceeding is my personal opinion and has no value beyond that. Although it may be 'sorta offensive' or 'indeed offensive' to someone out there, it is offered without regard to that possibility. Should you find yourself alarmed by my post, you may privately mail me to protest or you may alert the principal's office. x:-)

LindaS

I had a similar situation back in January and this is how I handled it...

I sent the employee a 2nd letter (along with a 2nd set of paperwork) and informed them that the paperwork needed to be completed and turned in by January 30, 2004 (this was in the beginning of January and the employee was given the initial paperwork in the beginning of December) and that failure to do so would result in his FMLA being denied and that any absences after that date would fall under our attendance policy. I did, however, grant the FMLA for the days he had already taken.

As of today's date, he has yet to return the paperwork and his absences as of that date have counted against him in accordance with our attendance policy.

lnelson

Thanks Popeye, Don D. & LindaS -
I am forwarding another set with the stipulation that it is the second time and specifing dates to return and failure to do so will result in FMLA being denied and any absences being counted under our attendance policy.

Thank you,
Lisa