termination letter no FMLA certification

Irie

This is a first for me. Does anyone have a sample letter for terminating an employee who has not turned in his FMLA certification?

The employee started calling in on 6/1/07 stating FMLA. I spoke to him on 6/5 and he indicated he was in the hospital. I sent the certification paperwork to him on 6/5 due 6/21.

Every day since, this employee has been calling us each morning stating "FMLA". He has not given us any other information other than this.

At the end of his shift on 6/21 I want to terminate him because he did not submit his certification however, I don't have an appropriate letter. Could someone help me out please if you have one? Thanks.

ritaanz

I do not have a term letter for you but I do have some questions. When this person calls in every morning, did anyone tell him about the FMLA certification and the 15 days? If he is in the hospital, and the paperwork was mailed to his home, did he receive it?

Irie

The guy stopped here to pick up his paycheck the Friday after he started calling. Our payroll person asked him when he would be back and he indicated he would be back that following Monday and have his FMLA paperwork. That was over a week ago and still nothing.

His supervisor spoke to him this past Friday and the employee said he would be back yesterday and would have his paperwork. The guy is not in again today - still calling off.

ritaanz

Dear Dead Beat: You indicated that you would be returning to work on June 11, 2007. June 11th arrived but you did not. FMLA paper work was sent to you on June 5, 2007. To date you have not supplied us with either your presence or the required FMLA certification.

Taking all of the above into consideration and your lack of documentation, we are removing you from the payroll as a voluntary quit.

I'm joking about the letter but you get the idea. Be sure to date and mail on June 21st.

Irie

Thanks. That's pretty much what I was going to write.

Irie

Do you typically give employees until the end of their shift to produce the documentation or how late in the day do you allow them to turn it in?

This guy just called me (certification due today) and asked how long I would be in the office. I leave a half hour after the end of his shift. He said he would be in around 1:30 and hasn't shown up yet. He seems to be playing games with us and I have a feeling he's going to show up about five minutes before I leave for the day with his paperwork. How far do you let employees go before you tell them their leave is denied? Thanks.

ritaanz

Man, it sure sounds as if he is jerking your chain. Is he working? If so, tell his supervisor to get the paperwork and bring it to you. NOW.

Irie

This just keeps getting better. First of all, our supervisors do not supervise their people. They are merely "working supervisors" with very little authority.

The employee brought the paperwork in but just dropped it off. I didn't see him. After looking at it I had some questions as certain things were not complete and one word was changed from "not" incapacitated to "now" incapacitated.

So I called the phone number on the forms to verify that the doctor's office did complete the forms. The main number at the hospital had no listing for this doctor. They transferred me to another department - no doctor there either. They transferred me to another department - no doctor by that name there either. I called the fax number provided and the phone kept ringing. We did a Google search for this doctor and he came up as a psychiatrist in another part of the state (about a 3-hour ride away). Then I checked the ICD-9 code that the doctor put on the short-term disability form and the diagnoses written on the form is not even close to the ICD-9 code.

Just a few minutes ago the employee called to see if everything was OK. I told him I wouldn't know until tomorrow as I didn't have a chance to look at the forms.

Tomorrow we'll contact our attorney. I'm not even touching this one! Don't you just love FMLA?

ritaanz

Dead Beat was the correct name after all.

ACU Frank

"So I called the phone number on the forms to verify that the doctor's office did complete the forms."

Big NO-NO... be very careful about this. There are several other threads about this topic.

Irie

I was only going to ask if they completed the forms - nothing else. I think we are allowed to verify the authenticity of documentation as long as we don't ask for anything else.

ACU Frank

Not any more.

Catbert46

I have not been able to get a doctor's office to even verify that an out of work note was issued to an employee in a very long time. It really makes it difficult for employers and easy for the scammers.

Elizabetharess

Please tell me more on how this all turned out and what the no no is about calling the physician's office or clinic?

Irie

I sent the certification back to the employee requesting more information as well as asking for the physician to mail the updated cert. directly to me via mail. So far nothing. The short-term disability insurer is checking with the doctor (?) as well. So far nothing from them. Employee is due back Monday and needs a RTW release, the doctor's cert. is due Tuesday 7/10/07.

We'll see what happens.