FMLA continues

njjel

An employee was out on Friday 9/10 to go to see her doctor about her sore back. She came in for 2 hours on Monday 9/13 and left as she said it was hurting her too bad. She was out the balance of the week. She returned to work on the following Tuesday and worked both Tuesday and Wednesday and now she has called out for Thursday and Friday. Can I place her on FMLA leave today (Friday) with an effective date of 9/14 or is it too late?

bsa

I would give her the medical certification papers and tell her that you are tentatively designating her most recent absences to FMLA pending verification from her doctor. Since this seems to be an ongoing condition and your designation is tentative, it can be changed based on the facts of her situation. You are offering her the benefit of FMLA job protection for absences that might otherwise count against her. Others may disagree with me, but I would go back to the 10th for a start date since that was her first doctor's visit for this condition and if he designates the 10th as the onset date.

Bottom line is to get the paperwork started.

Don D

I agree.

njjel

OK i wasn't certain that we could legally designate the leave as FMLA seeing as it was more than 2 days since the company learned of her absence. That was my concern. So you both feel we can do FMLA?