FMLA Question

mswicegood

If an employee is absent alot due to being involved in a car accident, doctor is writing them out week to week at this point.

The employer offers FMLA to this employee, the employee indiciates that she did not want to be out for 12 weeks. The employer explained that she did not need to be out 12 weeks, she could come back earlier with a doctor's note.

Can the employer put them on FMLA even if the employee does not fill out the paper work. Can we also send to her doctor a "Physican's Certificate" updating her status.

The dilemma we are in is the employee position needs to have a full-time person in the her classroom and needs to hire someone for that position.

At this point we do not know when she will be returning.

What can we do legally to protect the employee and as well as the employer.

nohr4u1yr

It doesn't seem that she truly understands what FMLA is...I would send her the paperwork - it is up to her to complete and return it within 15 days. (send certified mail) She needs to sign the release form for her medical information to be disclosed so no you can not send it to her doctor.

If you need to fill her position - are you hiring someone on a temporary basis? If not, where are you going to place this person if/when she returns?

mswicegood

thanks for the info. This was were I was leading but wanted to double check.

Also we would be hiring full-time temporary. Expecting the other employee to return.

nohr4u1yr

If she does not complete the paperwork are you going to hold her position? Be sure you are treating all of your employees the same regarding your attendance policy.

Good luck!

Don D

I'm not sure what information you were considering sending to the doctor. If you have medical information (that her doctor doesn't have?) there is nothing wrong with you sharing it with the employee's physician.

Put her on FMLA (conditional) whether or not she wants to be on it. Even if she refuses to fill out the paperwork, based on what you know about her medical condition and absences, she can be placed on FMLA. You might tell her that in the absence of FMLA, your attendance policy will wind up terminating her.