HELP - FMLA AGAIN

njjel

An employee called out sick without giving any reason for 5 days in a row. I sent her FMLA paperwork to cover my butt. She returned to work with a doctor's note that just said she may return to work on such and such a date (no treatment was listed). I asked her for the FMLA Certification of Health and she told me "I don't have to give that to you because I had the stomach flu and not a long term illness" So, now what? We are in a union environment. Her supervisor never spoke to her during this time as she left voicemail messages. She has been out 2 separate days since her return to work.

LindaS

If she refuses to provide the requisite paperwork, follow your attendance policy and follow whatever steps that entails. An employee's refusal to have the requisite paperwork completed doesn't mean that you have to automatically grant the leave. They have a responsibility to follow the process accordingly. If these absences results in some type of discipline, in accordance with the attendance policy, she will rethink completing the forms.

psrcello

Ditto to what LindaS said. I wouldn't automatically designate this as FMLA leave just because of the length of the absence, and you did your part to make that determination by sending out the paperwork, which the employee refuses to provide.

We're also a union environment, and most of our employees jump at the chance to get an approved FMLA, so they won't get points under our attendance system.