FMLA - It never ends

njjel

We have an ee who was out for 9 days from 8/4 to 8/17 and hospitalized for 4 of them due to a stomach ailment. She brought in a doctor's note stating she could return to work on 8/16/04. (She has not yet returned the FMLA Certification and the date has not yet expired for us to receive it.) She did not return to work on the 16th, calling out stating the meds made her ill (she was discharged from hosp. on 8/12). OK so now to my question. Her supervisor wants to terminate her for not returning on the 16th as the doctor's note states. I believe she may still be under FMLA if the doctor certifies her condition as intermittent leave and therefore think we need to take a wait and see attitude. Your thoughts?

watrsflo

Absolutely too early to terminate! However, to keep things moving forward, the person responsible for FMLA should send her a certified letter directing her to report to work on date certain, or to provide a doctor's certification regarding her need for absence (along with the FMLA Certification Form). If she fails to comply with either, then you'll be well grounded to begin termination proceedings.

POPEYE

Just to add one thing to watrsflo's advice. Make sure that you advise the EE of the 15 day grace period to provide additional information and don't take any action until that period has expired.

KP68

I would also give her until the end of the 15 day deadline to provide you the official documentation for this before you take action.

I have had situations similar to this, where the employee has a relapse, and we wait until the CHP is returned to make our next move.

LindaS

I agree with the others regarding waiting for the med. cert. but if the EE failed to call stating they would not be to work on the day she was scheduled to return you can address that situation. I have terminated employees who did not call in in accordance with our attendance policy regardless of the fact that their absence qualified for FMLA. FMLA does not grant the employee carte blanche to ignore your normal call-in procedures.

njjel

She did call in. We will wait to see if we receive her FMLA Certification of Health and go from there. In time she will hang herself I'm certain. Her attendance record in the past year has been horrible even w/o the recent FMLA.

allengeorge

I have an employee in one of our offices in New Jersey who is requesting an FMLA Certificate of Health Form. Is this something specific to NJ and if so can you direct me to a source. Further, does NJ award any disability income to people on Family Leave? Thanks.

watrsflo

I don't know anything specific about NJ; however, we use the form from the feds for our FMLA certifications in Oregon State government. [url]http://www.dol.gov/esa/regs/compliance/whd/fmla/wh380.pdf[/url]

njjel

I just use the federal forms.

Don D

The only comment I have is that a supervisor, never, ever, has a damned thing to say about the implementation or administration of FMLA!!! How many exclamations can I post here??!!!

POPEYE

Don, please tell us how you really feel.