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What do you do?

njjelnjjel 1,235 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
When one of your employees calls out "sick" on on your voice mail on Friday and is still calling out "sick" on Monday on your voicemail, do you issue FMLA paperwork to them? (Even if they leave you a message they will return to work on Tuesday)
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  • 4 Comments sorted by Votes Date Added
  • Don DDon D 9,834 Posts
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    Not necessarily. I don't advocate causing me any more unnecessary work than I have to. Unless the ee said something in those messages that made me think it could or would be a qualifying FMLA absence, I would wait till he returned and have him in my office. If you sent out the paperwork, there's at least a 50% chance it will not be FMLA and you wasted your time. If you don't send it out, there's still at least a 50% chance that when you discuss it with him, you'll find that it will not be FMLA and you have NOT wasted your time.
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  • LindaSLindaS 1,510 Posts
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    Agree with Don. Follow your normal attendance practices and see what happens when the employee returns. If, at that point, it seems FMLA is possible, give them the paperwork at that time.
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  • njjelnjjel 1,235 Posts
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    OK. So now the ee calls out on Tuesday, but says he will be in Wednesday and the same thing happens on Wednesday saying he'll be in Thursday. My point is, at what point do we give up and mail the darned FMLA paperwork? If we wait too long, and the ee is still calling out, we can't back-track it correct?
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  • Don DDon D 9,834 Posts
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    Of course you can. At this point you have nothing sufficient to claim or approve FMLA. If, when he returns, he indicates to you information that tells you it might have been FMLA, issue the paperwork. You're not clairvoyant. The FML act does not require that you be either. When you have your little discussion upon his return and it appears that it MIGHT be FMLA, tell him you are conditionally counting it as that and hand him the paperwork. From there, either approve FMLA or apply your standard disciplinary policy.
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