FMLA forms-do the ee's need to fill them out.

Hello,
I have a few ee’s who have been out or still out for different reasons.
ee 1- was out for out patient surgery.
ee 2- was out - had to take care of a family member
ee 3- still out for medical reasons.

none of the ee's above filled out any form but I am keeping track of the time off and the balance of hrs that is left. when an ee informs their supervisor should the supervisor have the ee fill out a form requesting FMLA? I am also assuming that all of the above falls under FMLA. Please help me since I am walking through this blindly.

Skylyon

Comments

  • 3 Comments sorted by Votes Date Added
  • If you have more than 50 employees then you have to comply with FMLA. A good place to start is the [url]www.dol.gov[/url] website which will provide you with information regarding your obligations as an employer, forms and answers to FAQs.

    Based on the your post it appears that you have several issues:

    1) You are qualifying conditions as FMLA without having the employee complete the certification form. This could come back to haunt you in that you are allowing EEs time off (presumably under FMLA) that MAY not qualify.

    2) Are you providing the EEs with information regarding their FMLA rights as well as written documentation stating that their time off is counted against their FMLA allotment? If not, you may run into problems there as well.

    3) Your supervisors should not be the ones providing the FMLA information. It should be coming from you, HR. While supervisors should be trained to recognize potential FMLA situations, all formal conversations, approvals and paperwork should come from only one individual to ensure consistent application of the regulations.

    I hope this gives you a starting point.
  • this helps and now I have somewhere to start. I really wish that they would hire a HR person. Thanks
  • Linda gave excellent advise. Do what she says!
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