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FMLA runs out

IrieIrie 482 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Is there a requirement in the regs for an employer to inform an employee when the employee has used up all of their FMLA time? I know you have to inform the employee how much time they have used if the employee asks, but what if someone has used all of their time and is off on a short/long-term disability leave?

I looked through the regs and couldn't find anything. Thanks.
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  • Julie AtheyJulie Athey 34 Posts
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    Here is what I wrote about this issue in "HR Q&A: Family and Medical Leave Act," published by M. Lee Smith Publishers:

    “The regulations provide no instructions on how to handle a situation in which an employee’s leave is exhausted. For example, there is no specific requirement for employers to give employees a certain amount of notice that they are approaching the end of their leave allotment or advise them what day they are to return to work. However, common sense and fair play would dictate that you: 1) provide employees some sort of advance notice that their leave is coming to an end; and 2) provide a reasonable amount of time for them to return to work.

    We have included in Appendix E a form titled “Communication to Employee at Conclusion of FMLA Leave,” which you may use for this purpose. If you require a fitness-for-duty certification, you should include a reminder of that requirement with the notice that the employee’s leave is nearly exhausted. This notice should also be given in plenty of time for the employee to obtain the fitness-for-duty certification. Remember, however, that you may not require a fitness-for-duty certification unless you have previously advised the employee of the requirement in or with the Rights and Responsibilities Notice.”

    Both the HR Q&A manual and the form mentioned above are available on HRLaws.com. If you do not have access to that site, please let me know and I would be happy to e-mail the form to you.

    Sincerely,

    Julie Athey
    Author, FMLA Compliance: Practical Solutions for HR ([url]http://www.hrhero.com/manuals/fmla_compliance?code=FOURM[/url])

    Author, HR Q&A: Family and Medical Leave Act ([url]http://www.hrhero.com/QA-FMLA?code=FORUM[/url])

    Editor, FMLA Compliance Bulletin
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