Late Request

I have an employee who was written up for attendance issues. They were counseled and offered solutions to manage their time.

During the counseling, a month after the fact, the employee indicates that two of the absences are for a Medical problem that will require follow-up visits. (This is only a small cause of the attendance issue and accumulated time)

I provided FMLA Certification paperwork. I offered to fax the information to the medical provider if they could provide contact information. Information was provided.

I have received the Medical Certification. It states employee must follow up for medical condition. (no more detail) Follow-up is in 1-2 months for 3 more visits. Duration expected is 2 months.

The certification does have the prior 2 visits from the prior month on the certification.

The employee thinks we should have offered this earlier but there was no way for us to know. Our policy is in our handbook which they have a copy of and it is posted in the break room as well as on the Labor Law Posters posted in several locations in our facility.

My question is, should that require the employer to excuse the time prior to the certification?

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