FMLA-Who Determines?

njjel · May 2005

So many times our ee's say "Oh, I'm not requesting FMLA leave. I'm just using my sick time." (We allow our ee's to use their accrued time for an FMLA leave if desired.) Now I have always been of the opinion per 825.208 that it is the er's responsibility to designate the leave as FMLA regardless of what the ee desires. Recently I have been challenged on this. Am I correct?

POPEYE · May 2005

Yes, you are correct. You just need to make certain that you are consistent with it and that includes management.

dchr9203 · May 2005

Yes, you are correct.

njjel · May 2005

Yes, we are consistent including w/management. As soon as an ee is out more than 3 days and it "appears" it may be FMLA qualifying illness/reason, they are sent the FMLA paperwork with a certification of health form for their doctor to fill out. This is done whether they want to claim FMLA time or not.

POPEYE · May 2005

I had an assistant manager that stormed into my office last week when I sent him a notice that his time away would be counted against his entitlement. He informed me that he was a member of management and that he should not be treated like one of the hourly EEs. By the time he left my office I am very confident he understands where he lies on the FMLA food-chain!

SMace · May 2005

This manager needs to know more than where he lies in the FMLA food chain.

He should be taught some basic leadership skills. He thinks you have to be a member of mgmt to get treated with respect???????? Yikes.

Uncas · May 2005

We are also consistant in that we send out the FMLA forms after three days, whether or not the ee requests FMLA. How do you handle the situation where the employee and or treating doctor refuse or fail to return the forms? Do you still deduct time from their FMLA entitlement, without the required documentation?

njjel · May 2005

Yes, we deduct the time from their FMLA bank and also we issue warning notices to them which can stay in their file for up to 18 months.

FMLA-Who Determines?

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