FMLA Clarification

hrnewbie

[font size="1" color="#FF0000"]LAST EDITED ON 07-30-08 AT 09:15AM (CST)[/font][br][br]Oh the joys of FMLA. Okay so here is the question that I have, I work for a company who has many older employees who really have no idea what FMLA is. They have been trained on the subject, but are still lost. Many of them have the vacation time or sick time to cover their leave (we make employees use there accrued PTO before unpaid) and think that this is all they must do. Even though the employee has time to cover thier leave I still must designate this leave as FMLA correct? And what do you recommend me telling the employee when they come to me and say why must all this paperwork be done?

Also, would a knee surgery be considered a serious health condition?

Any comments and suggestions are appreciated.

NaeNae55

Your company policy determines if they must take their leave as FMLA or if they can use their leave time and then have FMLA. It sounds like your policy does say they must use them concurrently. If so, they must return the paperwork to you when you request it (otherwise it is failure to follow instructions and/or company policies and procedures).

I used to have employees balk at the paperwork. I told them that we did not make the laws, but were just trying to comply and still remain within company policies. A few times I had to explain more, but usually that was a sufficient reply.

Sometimes employees just take time off when they have a qualifying illness, without talking to HR about it. They have to call in though, and therefore the supervisors usually know what is going on...especially if it is for more than 3 days or if the employee brings in a doctor's note. Your supervisors should be letting you know in those situations, even if the employees aren't. If the supervisors are not doing this, I suggest more training for them (and it should show up in their evaluations if no changes occur.)

As far as the knee surgery goes, it depends. If the employee has to stay overnight, if he is out more than 3 consecutive days, or if he has to have continuing care then it qualifies for FMLA. If he has outpatient surgery on Friday and returns to work Monday completely fine, then it is not FMLA.

I hope this helps.

Good luck!

Nae

hrnewbie

Thank you so much, one more thing if I learn of the event and the employee does not choose to come to me to fill out paper I should then approach them about the event qualifying as FMLA and have the paper work filed correct?

NaeNae55

I would certainly make sure they got the paperwork and give them a deadline to return it. Remember, it is up to the employer, not the employee, to designate leave as FMLA.


Nae

P.S. While giving the employee the paperwork I would take the opportunity to gently remind them that per our policy they have an obligation to come and get the forms when they have a qualifying event. Letting an employee know that they did not follow your policies usually has a positive effect for the future (assuming they are a good employee who wants to follow the rules.) Employees talk and eventually they will all get it if you keep pointing it out. If you don't make an issue of it, why should they?

dbutton111

In addition to what everyone else has said, I would also give the employee an employer response indicating that the leave is being conditionally designated as FMLA pending receipt of completed FMLA forms.