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FMLA and Job Abandonment

nietranietra 134 Posts
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If an employer has notified an employee that they believe their absence to be covered under FLMA and requested certification to be returned by a certain date (over 15 days from the notice date) and the employee has not returned the paperwork (nor have they called with an update) can they terminate as job abandonment?

I thought I had my ducks in a row when it came to FMLA but I have never had a situation like this.


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  • 6 Comments sorted by Votes Date Added
  • bsabsa 359 Posts
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    I would send a letter of warning to the ee that he must contact you and that the certification papers must be in your hands by XX date. If he does not comply, his absences will not be covered by FMLA and he will be subject to the company's attendance policy and termination. You are probably okay to terminate now, but if the situation ever got before a judge or jury it would be in your favor that you made one last effort to remind the ee to comply with the law.
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  • Don DDon D 9,834 Posts
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    I agree with that excellent response.(IMHO)
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  • nietranietra 134 Posts
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    Thanks, I mailed out another letter yesterday and there was a voice mail this morning from the employee stating she was resigning.
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  • Don DDon D 9,834 Posts
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    Not to be paranoid, but if you have a recording device in your office, tape that message and move forward as if it were a letter of resignation.
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  • LindaELindaE 98 Posts
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    I hit this EVERY time someone goes on FMLA and don't get much support from mgt. Do any of you have a letter you could send me to show to the boss reminding the ee that we need the medical certification? Thanks in advance!
    Linda Emser
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  • Don DDon D 9,834 Posts
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    Who's minding the FMLA store? An HR professional who understands the act or an anal boss who stumbles around in the administration of labor law and knows nothing about it?

    Here's a letter: "Dear Junius: On August 16 you were sent a certified letter requesting additional information from your treating physician regarding your current absence from work. Our letter stated a deadline of September 1 for the receipt of that information by our Human Resouces Department. You have not responded to our request and we have no alternative but to assume you have no intention of replying and your employment will be terminated effective October 16, 2004.

    Should you wish to discuss or contest this decision by the company, please call me immediately at (number).

    CERTIFIED, RETURN RECEIPT REQUESTED.
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