FMLA notice for multiple events
Irie
482 Posts
Our FMLA policy is 12 weeks in a rolling 12-month period looking backwards.
Last August an employee went on FMLA for a serious health condition and used 6 weeks of FMLA. In the FMLA acceptance letter I stated that their leave began on August 24, 2005. They will not get back any FMLA time until August 24, 2006.
In February 2006 the employee again went on FMLA for an entirely different condition. In the acceptance letter for this condition I stated that their leave would begin February 14, 2006.
Since that time the employee exhausted their leave under our policy in April, 2006. The employee is currently on short term disability leave and our company does not terminate an employee after their FMLA expires if they are on short term disability leave.
My question is about the way I notified the employee. Could they say that the notice I gave them which said their leave began on February 14, 2006 (for the second condition) is the beginning of their 12-week FMLA leave or is it OK that I look back to last year and say that they have used up their 12 weeks of leave? I'm concerned and don't want them to think that they have more FMLA leave than what they actually have since I stated that their leave for the second condition began on February 14, 2006.
Also, does an employer have to notify an employee that their FMLA leave has been exhausted if the employer has no intentions of terminating the employee? The only difference it makes is that once an employee has exhausted all of their FMLA leave they then have to use PTO for any future absences. Prior to exhausting their leave they do not have to use PTO for absences. Thank you.
Last August an employee went on FMLA for a serious health condition and used 6 weeks of FMLA. In the FMLA acceptance letter I stated that their leave began on August 24, 2005. They will not get back any FMLA time until August 24, 2006.
In February 2006 the employee again went on FMLA for an entirely different condition. In the acceptance letter for this condition I stated that their leave would begin February 14, 2006.
Since that time the employee exhausted their leave under our policy in April, 2006. The employee is currently on short term disability leave and our company does not terminate an employee after their FMLA expires if they are on short term disability leave.
My question is about the way I notified the employee. Could they say that the notice I gave them which said their leave began on February 14, 2006 (for the second condition) is the beginning of their 12-week FMLA leave or is it OK that I look back to last year and say that they have used up their 12 weeks of leave? I'm concerned and don't want them to think that they have more FMLA leave than what they actually have since I stated that their leave for the second condition began on February 14, 2006.
Also, does an employer have to notify an employee that their FMLA leave has been exhausted if the employer has no intentions of terminating the employee? The only difference it makes is that once an employee has exhausted all of their FMLA leave they then have to use PTO for any future absences. Prior to exhausting their leave they do not have to use PTO for absences. Thank you.
Comments
If your policy states that once an EE has exhausted all of their FMLA and they then have to use PTO, then notify them of that in writing, too. Don't assume they know it just because it's in the policy. It covers yourself in the process so there are not guessing games.
>employee that their FMLA leave has been
>exhausted if the employer has no intentions of
>terminating the employee?
Yes you should notify them before the time is completely exhausted.