Question about Oregon Family Leave Act

bethk

We have an employee who does not qualify for FMLA but does for OFLA for her pregnancy. I received the paperwork from her doctor but she did not fill out the leave request I send to her. Last month I sent her another form with a letter stating she needed to fill it out and return it within the deadline I gave her. Still, nothing from her and she has been off for over a month. I would like to send another letter stating her leave is not granted (therefore her job is not protected) since she has failed to fill out the proper papework.

Any thoughts?

Thanks much,

Beth

NaeNae55

I know nothing about the Orgegon FLA, but assuming you handle it similarly to regular FMLA I would say that your other letters should have stated a deadline to return the paperwork. Did they? Are deadlines addressed in the Act?

If deadlines are not addressed in the Act, and assuming you didn't already give her a deadline, I would send her one more letter with the paperwork. The letter should clearly state she will lose her protection if the paperwork is not returned by a specific date. I would further explain what the loss of protection will mean to her.

If you have already done this, or if you send a final letter as suggested above and she still does not comply, then you can move forward and follow your normal policy and procedures for employees who are not protected by law and who take long leaves. If you normally demote them, demote her. If you normally term them, then fire her. If you normally just allow long leaves and let them come back, then do so with this employee.

Good luck!

Nae

davids

If I am reading your post correctly, you have received the medical certification, you just haven't received the employee's request for leave. If your leave policies are clear and leave needs to be requested in a particular manner, you can hold her to the same standards you would hold any other employee. However, assuming the medical certification provides the necessary confirmation, including the dates she needs to be out, I would not make an issue of the fact that she did not return a company leave request form. I just don't see it as a big deal. This seems to be what Steven Covey calls "malicious compliance" with policies. You know the need for the leave is legitimate. You can have her fill out the form when she returns.

Fellow Oregonian, DavidS

bethk

Thanks for your suggestions. We do require a deadline to respond to our letters but she hasn't complied. We've decided to go ahead and just send the approval for leave form since she is already on leave and we did receive the doc's certification. Our approval form states our requirements concerning her leave and so if she doesn't comply to those we will have a leg to stand on.

Thanks again,

Beth