No Certification Recieved

HCCADC

Hi,
I have an ee who has been out from work due to a back problem (not work related) He was given all the info for FMLA including the Health Certification form. Today is the 15 calendar day and I have not received any information back nor have I heard anything from him. Would this be considered job abandonment and I should send him a letter stating so? Does anyone have a form letter that complies with everything that I would need to state? If so, please fax it to 814-643-6664.
Thank you for your help!
Dawn

Don D

If you have a state program that parallels FMLA, all bets are off.

I recommend a conservative approach rather than rushing to termination. IF you clearly advised in writing that he had 15 days and you outlined the consequence for not doing that, then I would send a certified letter making that clear and establishing that you have not heard from him. This will be good to produce later if a hearing is held. In this second notice I would tell him that his employment will be terminated five days following the mailing of the letter.

Doing this clearly establishes that you have, in good faith, followed the Act and your policy and have terminated in accordance with best practice.

pork1

HCCADC: I would certainly be moving in that direction, today I would spend time trying to discover what is the ee's present situation. He may have become unable to respond like in the hospital and in a coma. If you can not find a undate status then you must move forward in accordance with your absentee policy.

In our company on the fourth day of "NO CALL/NO SHOW" the anandonment WOULD HAVE TAKEN PLACE.

Yes, if you can not find out what the ee's circumstance is, send the person a letter.

PORK

A copy of our letter is coming by FAX.

Don D

PoRk: What is this 'undate status' that you speak of?

pork1

Don: Thanks, that is an eye opener to cause someone to read the words two and sometimes three times in order to draw the simple idea that my fingers are old and slow but my thoughts are still there. "UPDATE" IS THE WORD SPELLED "UNDATED STATUS". I often use that word to make others thinking longer about my points. I am not short on words so sometimes it pafs "pays" to make you deraw back and spend more time. I am surprised that you fell for my trick.

PORK

PS. I don't get paid for typing! It is just a part of the job and a pleasure to be here.

HCCADC

Thank you Don and Pork. Pork, I received your fax, and I am really appreciative!!! I need to send out a letter and start the process of terminating due to job abandonment. I definitely think the 5 day notice is a great idea. Dawn