Emergency response needed!

szemcumo

I have an ee who has used all but 3 days pto.
Has a situation that needs fmla. We want to keep the 3 pto on the books so she has time to fall back on. She was out yesterday, today and will be out tomorrow. Am sending fml paperwork with her today. Question is can I back date fml to start yesterday or do I have to wait til Monday. This is a situation where we want to help ee as much as we can. Not sure I can go into details here but all would agree if you knew situtation.
Just need to know when I HAVE to start counting.
Thanks so much. She will be in at 11:00 to go over paperwork. Thanks in advance for help.
Sandie

POPEYE

If you are aware of a possible FMLA qualifying event and you have given the EE a physician's certification form and a written copy of the EE's rights and responsibilities of FMLA, then you will need to grant leave based on what the physician says. If he says it was necessary for her to be off yesterday, today and tomorrow or even last Friday, then yes, you may count those days as FMLA.
Just make sure that you have not treated anyone else differently in the past.

Don D

I agree with Spinach-Man. Be still and chill. You've done the right thing. It's entirely appropriate to backdate the FML in the situation you're in. It's not granting special privelege; it's just following the regs. The DOL will never criticize an employer for being generous and cautious. But, I also agree with Olive's boyfriend that you must be following your historical practice.