Can an employee "decline" FMLA protection?
vheller
7 Posts
I am fairly new to this HR role and am trying to understand my responsibilities as the Employer when it comes to FMLA.
I either heard it at a seminar, or read, that it is the employer's responsibility to identity when an employee [I]may[/I] have an FMLA covered event--whether the employee has specifically expressed it or not. As a result, I have asked supervisors to alert me when they have an employee out 3 consecutive days. At that point I'll call for additional information to see if it qualifies for FMLA. With that being said, I get questioned "why bother" if the employee in question has plenty of leave time to cover the absence(s). As soon as I think I know the answer (protects the employee and the employer) I get challenged and then wonder, "well maybe they're right".
So can an employee "decline" FMLA protection? If so, what would the process of declination be? Simply not complying with my request for medical certification?
If the absence is OBVIOUSLY due to a covered FMLA event i.e. major surgery requiring a week in the hospital, can I/[I]should[/I] I waive the medical certification requirements and designate the absence as FMLA and then just require a Fitness for Duty certification?
I have had employees that I've known to have medical procedures or ongoing treatment and when I bring up FMLA, they'll say "that's ok, I don't need that." Is that really their option?
Thanks in advance for your help.
I either heard it at a seminar, or read, that it is the employer's responsibility to identity when an employee [I]may[/I] have an FMLA covered event--whether the employee has specifically expressed it or not. As a result, I have asked supervisors to alert me when they have an employee out 3 consecutive days. At that point I'll call for additional information to see if it qualifies for FMLA. With that being said, I get questioned "why bother" if the employee in question has plenty of leave time to cover the absence(s). As soon as I think I know the answer (protects the employee and the employer) I get challenged and then wonder, "well maybe they're right".
So can an employee "decline" FMLA protection? If so, what would the process of declination be? Simply not complying with my request for medical certification?
If the absence is OBVIOUSLY due to a covered FMLA event i.e. major surgery requiring a week in the hospital, can I/[I]should[/I] I waive the medical certification requirements and designate the absence as FMLA and then just require a Fitness for Duty certification?
I have had employees that I've known to have medical procedures or ongoing treatment and when I bring up FMLA, they'll say "that's ok, I don't need that." Is that really their option?
Thanks in advance for your help.
Comments
It is up to the employer to decide if the event qualifies for FMLA. You make the designation, and the employee then complies. You should have written policies about it, and require employees to submit documentation when requested. If they decide to 'decline' by not submitting paperwork, they are guilty of not following procedures and should be reprimanded accordingly. It may seem silly, especially if it is a good employee, but you are setting your company up for a big fall if you don't set up policies and procedures and then stick to them.
I strongly recommend that you require paperwork when it looks like an FMLA event, that you be the one to make the decision whether it is FMLA qualified or not, that you discipline employees who do not cooperate with your procedures, and that you have your policies in writing.
Good luck!
Nae
P.S. Wecome to the forum!
Welcome to the Employers Forum. Please let us know if there is anything else we can help you with and be sure to chime-in with your thoughts on other posts, too.
Sharon
:welcome: