FMLA Question
mswicegood
2 Posts
If an employee is absent alot due to being involved in a car accident, doctor is writing them out week to week at this point.
The employer offers FMLA to this employee, the employee indiciates that she did not want to be out for 12 weeks. The employer explained that she did not need to be out 12 weeks, she could come back earlier with a doctor's note.
Can the employer put them on FMLA even if the employee does not fill out the paper work. Can we also send to her doctor a "Physican's Certificate" updating her status.
The dilemma we are in is the employee position needs to have a full-time person in the her classroom and needs to hire someone for that position.
At this point we do not know when she will be returning.
What can we do legally to protect the employee and as well as the employer.
The employer offers FMLA to this employee, the employee indiciates that she did not want to be out for 12 weeks. The employer explained that she did not need to be out 12 weeks, she could come back earlier with a doctor's note.
Can the employer put them on FMLA even if the employee does not fill out the paper work. Can we also send to her doctor a "Physican's Certificate" updating her status.
The dilemma we are in is the employee position needs to have a full-time person in the her classroom and needs to hire someone for that position.
At this point we do not know when she will be returning.
What can we do legally to protect the employee and as well as the employer.
Comments
If you need to fill her position - are you hiring someone on a temporary basis? If not, where are you going to place this person if/when she returns?
Also we would be hiring full-time temporary. Expecting the other employee to return.
Good luck!
Put her on FMLA (conditional) whether or not she wants to be on it. Even if she refuses to fill out the paperwork, based on what you know about her medical condition and absences, she can be placed on FMLA. You might tell her that in the absence of FMLA, your attendance policy will wind up terminating her.