FMLA Notice or not?

New to HRHero, but have heard many great things about these forums...

We have an ee that voluntarily quit. The question has come up about prior knowledge of her injury/illness. She had been complaining about back pain, stress of being overworked to her subordinates, not management, but never sought relief from her physician. EE did not take time off for related illness/injury to our knowledge. She never presented documentation of physician visits or restricted duty requests.

Are we responsible for going to her or should she come to us? Would we be better served sending a complaining employee to the clinic or waiting for the WC Claim shoe to drop?

At what point should we have considered her complaints FMLA notice or should we?

She has since filed WC claim w/attorney, etc...the whole enchilada. Where do we go if her attorney plays the FMLA notice card, if that is available...prior knowledge, etc.




Comments

  • 5 Comments sorted by Votes Date Added
  • Did she mention any of this in an exit interview? Was her supervior made aware indirectly before she left of the concerns she shared with other team members? Did she take any time off that was not planned? Would she have mentioned her concerns to anyone in a position of authority (not necessarily her own supervisor)?

    Based on the facts you've presented, hard to see how an attorney would have taken her case. We make decisions based on the facts and as they're outlined not sure how you could have known there was an issue. Without seeing a dr. not sure how she could have qualified for FMLA.

    Is the attorney claiming stress related or did she injure her back on the job?

    Since she's a former employee who's filed a claim, I don't see a benefit in sending her to a clinic but instead reviewing the facts as you knew them when she worked for you about her situation with her supervisor and your attorney.




  • Unless she let a member of management know of her situation, you have no obligation to go to the extent of asking her co-workers the reason(s) behind her resignation and no obligation to go through the FMLA "hoops". What reason did she give when she resigned? Did she state it was for health reasons related to her job? If not, there was nothing you could do.

    As for her hiring an attorney, wait to see what what happens. Make sure you notify your W/C insurance company of the situation and make sure they investigate.

    Good luck!
  • Thanks for your prompt response. Her exit interview did not state she was leaving for health reasons. However, she did state that the position was overwhelming and claims she was not getting the help she required.

    I'm not worried about an FMLA claim, I am not even worried about the WC Claim. She even lost her unemployment benefit claim. (Her statements on the exit interview and the hearing did not support each other.)

    I was more concerned about being a "mind reader" when it comes to the need to offer/grant leave under FMLA.
  • Dawn, if this person has the "smarts" to go to a lawyer, she would have been smart enough to claim a work related injury or ask for FMLA. She wants the summer off with pay.


  • She got that and more...I hope the next position she applies for doesn't do a background check. She might not be a very happy person...
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