Never done a "real" FMLA before
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I have only done FMLA for birth of a child so I know the basics, but no details.
Now, an employee did not show up to work on Monday but her sister called at starting time that morning and said that the doctor's office would be faxing something over to me. Due to a delay at the doctor's office (not the employee's fault) the fax made it to me today (Tuesday). The note states
"Ms. X has been my patient since Month, date, Year. Please excuse Ms. X from work until further notice for medical reasons. If you have any questions, please feel free to contact my office."
This employee is one of the best so I don't suspect anything unusual. We are a small office so I have personal concern for the employee but I don't want that to get in the way of doing this correctly.
Even though the note says to call the doctor's office, I hesitate to do that. Some things I don't want to know. For planning purposes, it would be nice to know if her estimated time off is a closer to a week or closer to 12 weeks.
What do I do? Send the FMLA paperwork and see what comes back? Anything else to consider?
Thanks for your help.
Now, an employee did not show up to work on Monday but her sister called at starting time that morning and said that the doctor's office would be faxing something over to me. Due to a delay at the doctor's office (not the employee's fault) the fax made it to me today (Tuesday). The note states
"Ms. X has been my patient since Month, date, Year. Please excuse Ms. X from work until further notice for medical reasons. If you have any questions, please feel free to contact my office."
This employee is one of the best so I don't suspect anything unusual. We are a small office so I have personal concern for the employee but I don't want that to get in the way of doing this correctly.
Even though the note says to call the doctor's office, I hesitate to do that. Some things I don't want to know. For planning purposes, it would be nice to know if her estimated time off is a closer to a week or closer to 12 weeks.
What do I do? Send the FMLA paperwork and see what comes back? Anything else to consider?
Thanks for your help.
Comments
The doctor's note said "until further notice". The employee has 15 days to supply the medical certification (correct?). Is there anything I can do now? Does the "until further notice" clause relieve the employee of need to contact us about anything?
I've never had a physician put down "until further notice" on an excuse, especially without any supporting information. This situation doesn't smell right to me.
Based on the information that was given to you, I would actually start the FMLA with the date the physician gave you. Send the packet certified mail (make sure you keep copies of the completed certified mail receipt and the PS Form 3811). If it is not a qualifying event, you can always retract the mailing and adjust the FMLA allowance. However, if you let it go and she comes back to work before you pursue the FMLA route, you will lose that time and cannot count it against her in the remainder of your FMLA year. Better safe than sorry. I have a letter that I send to employees that I could send for you to review, if you do not have one in place. A lot of ee's are very private about illnesses and that is their right to do so, but proper notification is their responsibility. At least you will have your documentation that you tried and also, you need to state in your letter that the ee has to have a release to return to work. What about benefits? Is the employee responsible for any portion of her benefits? That has to be addressed in the letter too. Let me know if I can help further. Also, any PDO's or sick leave is to be used concurrently with the FMLA timeframe....but this depends on what your FMLA policy states.