FMLA trigger

Irie

What is your trigger for issuing FMLA paperwork for an employee who is not absent for more than three consecutive days?

How do you know that whatever they are calling off for could be an FMLA qualifying event if all they say when they periodically call off is "sick".

I'm afraid that if I don't offer FMLA I could be in trouble if we terminate the person under our no-fault attendance policy however, I don't want to go through the whole FMLA process for someone every time they call and tell us that they are sick. How much information do you get from an employee to make the determination whether or not to start the process? It seems I get very little information from an employee until it's almost too late. Thank you.

LindaS

This is a tough situation...

How large is your company? If it is so large that you are unable to maintain a "beat" regarding the goings on of your employees, I would recommend doing comprehensive training with your supervisors/managers so they can recognize a potential FMLA situation and let you know accordingly.

I'm lucky in that I spend time throughout our facility on a regular basis and am aware of alot of things that are going on (some that I would prefer not to know) so I can, in most instances, become aware of an FMLA situation and take appropriate action.

The other thing I do is distribute quarterly attendance reports to each employee. This way the employee can see where there attendance is and sometimes that causes them to come and see me about a FMLA situation before it reaches a disciplinary level.

Finally, make sure you have the FMLA postings throughout the plant so the employees can read what their rights are. The FMLA has been law for more than 10 years and most employees are aware that there is SOMETHING available to them, although they may not know exactly.

LarryC

I agree with Linda. It can be tough, especially with the HIPAA stuff hanging around our necks like Jacob Marley's chains. Sometimes I feel like I'm "forcing" FMLA on people.

As Linda said, educate the EE's the best you can as to their options and when you "smell one out", offer the medical certification to them.

stilldazed

We struggle with the concern you have. Our company is too large (or my dept too small) to be the knower of all attendance info in a timely enough manner to satisfy FMLA. As it turns out, we also just happen to have plenty of confirmed instances of untimely notices to HR that FMLA 'was' the appropriate step to go. I've tried in-house training to supervisors with mixed success. My experience has been that FMLA is lower on the supervisory priority list than getting his/her dept's job done.

Anyway, a couple of years ago I put together a 'general information' FMLA letter that we use. While we are given the opportunity to jump in on the front end of some FMLA situations, my staff and I find many, many more through internal audits of payroll records and other sources. When we find a missed opportunity, we send the gen'l info letter to the employee and keep a copy for our records. We continue to have mixed results, but the effort has educated many of the workers, who have learned at least that they should let my office know if they plan to be absent.

Let me know your e-mail, and I'll be happy to forward a draft FYI if you think it might be helpful.

Tks,