More than 3 days including the weekend?

njjel

An employee calls out sick for Thursday and Friday and Monday. She returns to work on Tuesday. She had a migraine and was treated by the doctor on Saturday. FMLA or not?

Balloonman

No expert but I believe so.......and you have her going to the Dr. on Saturday, so it must have been legit.
My $0.02 worth!
DJ The Balloonman

mushroomHR

Three days can include the weekend. As long as the doctor certifies it is FML.

njjel

I hesitated to assume that due to the fact that FMLA is doled out in work-weeks. Therefore if a work-week was Monday to Friday, I didn't think the weekends would count. If an ee worked Friday through Tuesday, then I kind of thought they would. That's why I asked the question. Does anyone know for certain?

LindaS

In seminars I've been to regarding FMLA, I have ALWAYS been told that weekends and holidays count toward the 3-day rule.

KP68

The regs state that it must be at least three consecutive calendar days. And the key to absences that spill over to the weekend is not the date the employee was released to work, but it's the dates of incapacity.

We recently had a lot of these come up, where the employee is out 'sick' Thursday and Friday but comes in on Monday with a release to work. We look carefully at what the Certification states to see what the dates of incapacity were and if they were more than three calendar days, as opposed to the release date.

Hope this helps.

KP68

Before I get scolded by anyone, I meant to say MORE than three calendar days!

Whew, that was close.

SMace

I was just banging my head against the table. Your lucky I have to work today. x:D

KP68

SMace, that was purely for your sake, you know.
:-S

Don D

KP68 is right. Three calendar days does not entertain the various concepts we have for what we call 'work weeks'. Days 'is' days, as the original Popeye would say.

njjel

Thanks and appreciate the responses. Upper management has asked me to indicate to them where this is stated in the regs. Can one give me the exact location? Thanks.

POPEYE

Section 825.114 What is a "serious health condition" entitling an employee to FMLA leave?

(a) (2) (i) A period of incapacity of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition......

njjel

thanks!