How Far Do You Go?

If employees are eligible for FMLA and they fail to get the paperwork, complete it and send it back, how far do you go with them? Do you just designate it FMLA yourself and charge it against the person. I'm talking about in the case where you know for sure, it qualifies for FMLA such as surgery or a pregnancy. Or....do you just use your regular attendance disciplinary procedure?

Comments

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  • My initial notice of FML letter advises the employee that if they fail to submit their written request and physician's certification, their leave will be denied. (Either they return to work with a doc's release or employment is terminated.)

    In reality though, the Leave has just been approved and the employee returns once released by their physician, all below my radar. (Most of our FML's are for birth of a child - we KNOW what is going on with them)

    I just completed annual supervisor training on FMLA in an attempt to tighted this up. Supervisors didn't really understand, and I expect to see a difference moving forward. x:-)
  • We initially provide the employee with 15 days to return the medical certification. We will usually extend that because we don't want to hold the employee responsibile for a delay caused by the doctor's office. However, if the certification is not returned, we will deny the leave.
  • The letter that is sent to the EEs states the date by which their paperwork is to be returned to my office and also informs them that failure to provide the requisite information will result in their leave being denied.

    If I have information from the EE that gives me the same type of information that the WH-380 does I do not require additional paperwork to be completed, however.
  • We initially provide the employee with 15 days to return the medical certification the same as David mentioned; if we have not received anything, we make sure that we contact the employee at the end of 15 days and touch base with them. If there is a reasonable explanation (i.e documents at a doctor's office), we will grant additional time, however if not, then we hold the employee accountable for their attendance as we do all other employees under the attendance policy.
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