Dear ER, Need Alc Rehab

Caroliso · November 2005

My supervisor received an e-mail from EE at home saying he has a drinking problem and needs to pursue some kind of rehab. He said he would contact Hr when he has figured out the plan.

Sup consulted with me and then e-mailed back saying he supported EE taking care of this and EE should contact HR with particulars.

It is now the end of next day and I have not heard from EE. My plan is to e-mail him to let him know he is eligible for FMLA leave, that he should contact me straightaway with his plan, and to follow this up with a letter saying the same and with a copy of the policy.

Am I forgetting anything? If I continue not to hear, what should I do?

LindaS · November 2005

It doesn't appear that you are forgetting anything but remember that, while his being gone for treatment would qualify him for FMLA leave, his failure to contact the company regarding his absences would count against whatever attendance policy you have.

I would recommend that, in addition to your emailing him, to contact him via telephone and leave a message informing him that his failure to contact you in accordance with your attendance policy DOES count against him (if that is in your policy).

In the letter I send to the EEs regarding FMLA leave it states that failure to contact the company in accordance with our attendance policy results in their being assessed "points" under our policy and may lead to termination.

HRinFL · November 2005

Send the certification paperwork to the ee when you draft the letter asking him to contact you. That way, you can start the FMLA clock a tickin'. Additionally, we hold our ees to the fifteen day time limit for the paperwork to be submitted and approved (unless they are hospitalized and there is no way they can get the documentation to us). If the paperwork is not returned in a timely manner, the leave is denied and the absences are held against the ee. If you also require the paperwork be returned within the fifteen day guideline, clearly indicate this in the letter (give the date it has to be returned by) and identify what will happen if the paperwork is not submitted timely (i.e. discharged, absences counted against policy). Only do this if this is your practice. I have come across so many situations where the paperwork was not timely submitted because the ee would not take the forms to the doctor to get them completed. You may think that this ee needs time off from work, the doctor may see it differently. The ee may need to attend counseling, but could be scheduled to do so after work hours, etc. and there be no reason the ee cannot work. You need the paperwork to know whether the impairment qualifies. There are opinions out there that it is the ee's responsibility to timely submit the paperwork so that the er can properly designate the leave.

jimbomt · November 2005

Out of curiousity is there a time limit in statute for return of the doc's cert.?

HRinFL · November 2005

Once you give the certification form to the ee, the statute says that the er must give the ee a "reasonable" timeframe to have it completed and returned. That time period is defined as fifteen days (I believe this is also listed in the statute, I know that I have seen it in case law). So, yes, there is a time limit. The biggest thing is whether you want to enforce. While fifteen days may not be reasonable to you, you may think an ee should have more time, I do not think you could restrict the timeframe to a shorter period. Because we operate different businesses, mostly in areas where there is easy access to physicians, we use the fifteen day guideline. The time frame is provided to the ee in the leave application, is verbally explained to the ee, and during the fifteen day period, we remind the ee about making sure the form is submitted timely so that a determination can be made of whether the event is qualifying (basically reviewing the information and what the doctor recommended, we do not make diagnoses about the condition).

atrimble · November 2005

I believe the DoL form (employer's response to employee request for family or medical leave) states "if required, you must furnish certification by ___ (must be at least 15 days after you are notified of this requirement), ..." I think you can allow the employee as much time as you want. For example, I have an employee who will request certification on 12/28 at the first possible opportunity for a doctor's visit for this condition. I'll give him the form around 12/10, requesting the certification be given to me by 12/30, essentially giving him 20 days from notice of the requirement to getting the form back to me from the doctor. He'll send the certification form to the doctor before the appointment so that the doctor is aware it must be completed upon diagnosis.

HRinFL · November 2005

Right, you can't give less than fifteen days, fifteen days is the timeframe that the government says is "reasonable," but you do not have to enforce that. We do, we have to because if we do not, we would lose track of who gave us the form and when. We have 130,000 ees, so it is advantageous to us have a set timeframe. I always encourage ees to drop the form off at the doctor's office when they get the form if it is for something planned (surgery) so they can get the form when they have their pre-op visit. Most doctors will take the time to complete, or have a nurse complete while you wait, so there really is no excuse to leave without the form. I believe that fifteen days, in most cases, is very generous.

Dear ER, Need Alc Rehab

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