What would you do??

LindaS

I have an employee who I knew was going to be an FMLA problem several months ago, before he was even eligible. He attempted to assert his FMLA rights when he had only been employed for several months.

Well, inspite of my attempts to get our production staff to address his performance issues, he made it to his one-year anniversary and guess what, within weeks of his reaching his one year mark he called in FMLA. At first it was just one day's worth of absence so I informed him that it would probably not be FMLA due to the "more than three day" rule but I went ahead and gave him the paperwork anyway. Guess what, he was gone the next two days, which then went into the weekend, so those absences then became FMLA (again pending the paperwork completion).

I have not seen any paperwork to date and last night he left claiming "FMLA". He does not have any paperwork stating that he needs intermittent leave, he has not received anything from me stating that he has approved intermittent leave so what am I to do about this absence? He left AFTER his chirpractor closed for the evening so I do not see how he could obtain anything stating that he should have been gone yesterday.

What would you do???

NaeNae55

Did the original paperwork have a deadline attached? If so, handle as you normally would (give another week or give notice it will not be counted as fmla).

If not, I would write a letter giving the employee their deadline now. Let them know that failure to turn in the paperwork on time will result in the absence not being counted as fmla. Either he will respond or not. Either way, you can move forward.

Good luck!

Nae

LindaS

At this point the ONLY paperwork I have is for the three days of work that was missed as well as the paperwork stating he could return to work. I do not have anything indicating the need for any additional leave, I do not have the FMLA certification paperwork, nothing.

NaeNae55

But does he get the paperwork off your intranet or something, or do you give it to him? Is there anything in the paperwork that has a deadline?

Since he notified you that it is fmla then you have to make sure he gets the paperwork (it sounds like you have done this). The paperwork should include a deadline. If not, then you must give him one. You can't act further until he fails to meet the deadline for the paperwork. Also, you must make it clear that failure to provide the paperwork will result in the leave not being fmla protected. Both the deadline and the possible consequences should be in writing. Until you have done both, you are stuck in limbo land.

stilldazed

Unless his first absence exceeded 3 days, included an in-patient confinement somewhere, is part of an intermittent/episodic medical event, or was to care for a family member, it does not qualify for FMLA protection. His absence from work would have to go into the 4th day.

Agree that you must communicate a deadline by which certification is required. If no certification comes by that date, there should be no FMLA protection for that absence. The most efficient time to advise the timeline is when the FMLA message is first communicated (when he picked up his paperwork or when you confirm in writing to him that medical certification is required). You must give at least 15 days; you don't have to require medical certification, but you should and hopefully you do in all FMLA situations.

As for the chiropractic-related absence, ideally he would be promptly notified that FMLA protection may extend to the absence if medical certification is available, produced no later than xx/xx/08 (15 days after notice), and is part of an intermittent plan of care. You should also include that the absence of a medical statement will result in FMLA protection not being extended to the absence and the absence being eligible for discipline. Hopefully, this is also a consistent practice with all staff regarding attendance/FMLA issues. If it isn't, pick an upcoming date and start the practice. Amend your FMLA request documents to include that medical certification is required no later than xx # of days or FMLA may not be available. If you are giving out FMLA documents upon request in an in-person setting, ask for a signature when the documents are picked up to establish a paper trail that a date was communicated.

best wishes.