Request for FMLA - emergency room visit

tlnelson

I have an employee that was out for 2 days due to their spouse being in a car accident and is requesting this time as FMLA leave.

They sought medical attention at the Emergency room and the Emergency room states that they do not fill out FMLA paperwork, they will only provide proof of the emergency room visit. What is the right thing to do in this situation....make an exception and accept the ER documents? Or do I require her to have her spouse find a doctor and have this paperwork filled out??

The employee has no PTO or personal time to cover her time out, thus the reason she is seeking FMLA leave.

What have other forum members done in this situation?

Any advice/feedback would be appreciated! Thanks!

ACU Frank

FMLA wouldn't even come into play for me. I'd just work with the employee to determine whether the time off was unpaid or covered by vacation, and be done with it.

Sharon McKnight SPHR

I agree with Frank. I'd accept the proof of visit from the emergency room and allow it as an excused absence and not go down the FMLA path.

Sharon

cnghr

I agree with both Frank and Sharon.

Cheryl S SPHR

I agree as well -- I am thinking FMLA comes into play for absences of 3 or more days. Even if it were FMLA, that does not mean more paid time off. I would look at whatever PTO applies and, if none, them perhaps LWOP. However, if the employee is exempt, you may have to pay for the entire week rather than deduct pay for two days.

Welcome to the forum!

Still Need Coffee

Agree with the others - I don't think this is an FMLA issue, I'd treat as unpaid leave. Plus, I guess if you want to get technical she wasn't actively caring for her husband during this time - the doctors were!