Period of Incapacity

DMK

We have an employee who was on vacation and was to return on a Monday. On Sunday she fell and went to the ER. She called off Monday and Tuesday due to her fall but was back to work on Wednesday. We sent her paperwork for FML but she refused to get the certification completed. She is arguing that she was on vacation and was off when the incident occurred. Am I correct in that we are using the scheduled day off count towards the 3-day incapacity requirement rather than using only scheduled work days of absence?

LindaS

The period of incapacity for FMLA eligibility is MORE THAN 3 calendar days so I do not think this would qualify.

davids

Non-work days do count; but I agree with Linda that the regulations say "more than" 3 days.

DMK

Thank you both - we are going to continue to count non-scheduled days towards the incapacity ruling. Thanks for the more than 3 days reminder as well.