FMLA Questions
JCInfo
41 Posts
We've not been subject to FMLA long, but I've had several simple situations that haven't been difficult to handle.
However, I have one now that I just want to make sure I've done everything possible. Sorry to be so long-winded!
EE is pregnant & having issues with pregnancy, uses up all available PTO & Sick by the end of March. Step-son is shot & killed, uses 5 days bereavement. Mother is diagnosed w/cancer & ee files for FMLA. We walk her through the process, allow FMLA and she uses 50 hours, intermittent. Mother passes away w/in the month, ee uses 5 days bereavement.
During the time she is off for bereavement, she comes in & wants to file another FMLA and for STD and she wants to work from home, collecting both STD & regular pay. We explain that isn't possible and we discuss her options (FMLA & STD run concurrent & PTO/Sick is used up first). She elects to go for STD, even though her baby won't be delivered before STD is used up. We provide her with all the paperwork & have several meetings to walk her through the process.
I follow-up with several phone calls requesting paperwork & she finally brings in paperwork that she used for her mother. I explain that she needs updated paperwork for the pregnancy and she says she will bring it in-this type of stuff has been going on since the end of April.
STD runs out & she is either to report to work or have FMLA paperwork filed & approved. She hasn't contacted us in more than 2 weeks, so I called her yesterday to explain that she is has exhausted her STD & the ee manual states that failure to report to work after an approved leave is considered voluntary termination. Our FMLA policy also states that filing must occur in a timely manner,(though doesn't give a specific 10 days or 15 days-yet).
Since we consider that she has voluntarily terminated her employment, we've offered the following:
Ability to file an LTD claim through our LTD carrier
Med & Den coverage runs through the end of the month (per policy) & COBRA is available
Ability to re-apply & be considered for re-hire if & when she is ready to come back. We've heard from other ee that she is wanting to go on welfare, but that is hearsay only . . .
While it was a difficult conversation, I believe that she understood that since her STD had run out, there was not going to be any more pay coming even if she filed her FMLA paperwork. And since this has been going on since the end of April, am I obligated to accept her paperwork at this point?
The sticky points would be:
Med & Den premiums (for ee cost) would be covered for 12 weeks-but she only has about 3.5 weeks left even if we accepted her paperwork
Since the baby isn't due until the first part of July, accepting the FMLA paperwork at this point what benefit does it give her? If the baby is on time, she would only have about a week or so with the baby before deciding if she should tender her resignation or come back to work . . .
Thoughts?
However, I have one now that I just want to make sure I've done everything possible. Sorry to be so long-winded!
EE is pregnant & having issues with pregnancy, uses up all available PTO & Sick by the end of March. Step-son is shot & killed, uses 5 days bereavement. Mother is diagnosed w/cancer & ee files for FMLA. We walk her through the process, allow FMLA and she uses 50 hours, intermittent. Mother passes away w/in the month, ee uses 5 days bereavement.
During the time she is off for bereavement, she comes in & wants to file another FMLA and for STD and she wants to work from home, collecting both STD & regular pay. We explain that isn't possible and we discuss her options (FMLA & STD run concurrent & PTO/Sick is used up first). She elects to go for STD, even though her baby won't be delivered before STD is used up. We provide her with all the paperwork & have several meetings to walk her through the process.
I follow-up with several phone calls requesting paperwork & she finally brings in paperwork that she used for her mother. I explain that she needs updated paperwork for the pregnancy and she says she will bring it in-this type of stuff has been going on since the end of April.
STD runs out & she is either to report to work or have FMLA paperwork filed & approved. She hasn't contacted us in more than 2 weeks, so I called her yesterday to explain that she is has exhausted her STD & the ee manual states that failure to report to work after an approved leave is considered voluntary termination. Our FMLA policy also states that filing must occur in a timely manner,(though doesn't give a specific 10 days or 15 days-yet).
Since we consider that she has voluntarily terminated her employment, we've offered the following:
Ability to file an LTD claim through our LTD carrier
Med & Den coverage runs through the end of the month (per policy) & COBRA is available
Ability to re-apply & be considered for re-hire if & when she is ready to come back. We've heard from other ee that she is wanting to go on welfare, but that is hearsay only . . .
While it was a difficult conversation, I believe that she understood that since her STD had run out, there was not going to be any more pay coming even if she filed her FMLA paperwork. And since this has been going on since the end of April, am I obligated to accept her paperwork at this point?
The sticky points would be:
Med & Den premiums (for ee cost) would be covered for 12 weeks-but she only has about 3.5 weeks left even if we accepted her paperwork
Since the baby isn't due until the first part of July, accepting the FMLA paperwork at this point what benefit does it give her? If the baby is on time, she would only have about a week or so with the baby before deciding if she should tender her resignation or come back to work . . .
Thoughts?
Comments
She has not brought in her paperwork & didn't appear to be intending to any time soon since I was the one to initiate contact yesterday after 2 weeks of not hearing from her. It wasn't until I indicated to her that we would be considering that she had voluntarily termed since not returning to work after her STD had run out.
The 2 other cases (1 being her earlier one) were completed within the week.
You can't make FMLA retroactive but you can make it non-FMLA retroactive. If that makes sense.