FMLA regs

Tammy

The FMLA regulations require to send FMLA notifications to seriously ill employee after 3 days. It does not seem to require compliance and expect employee to return the paperwork, leaving it up to the employee to decide whether they want to use the FMLA. Does is state anywhere in the regs that the employer may make it mandatory to have employee placed on FMLA in case of a serious health condition?

LindaS

The FMLA is an EMPLOYER law which means that it is the employer's responsibility to recognize a potential FMLA situation and respond appropriately. It is NOT up to the EMPLOYEE to have to request FMLA time off work nor can the EMPLOYEE make the decision regarding whether or not they want to use their FMLA time.

As for the compliance end of it, the EE is responsible to return their paperwork within a reasonable amount of time. The regulations define this to be 15 calendar days. If, at the expiration of that time they have not returned the paperwork, you have the right to deem their absences from work as unexcused and apply them toward your attendance policy.

jrzgrl

Here's an entire section of FMLA that deals with the question "What happens if an employee fails to satisfy the medical certification and/or recertification requirements?"


[url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.311.htm[/url]