FMLA EMPLOYER COMMUNICATION REQUIREMENTS
Chefsint
23 Posts
What are the proper notifications when FMLA has been exhausted? What if the ee is out with a serious illness, ie cancer, that you know will extend past 12 weeks?
Prior to start of FMLA this was discussed with ee.
EE was also provided a copy of handbook and policy along with our response to request (DOL form WH-381) and a copy of "Your Rights Under FMLA".
Comments
You do have to consider whether your company wants to allow more time and in what types of situations you would want to do so.
You could use WH-382 "designation of leave", but it is a bit impersonal.
Here is a sample that I found that is more personal:
"Dear employee,
On date, you were granted leave under FMLA. At that time, you were advised that you had x weeks of FMLA leave available to you. This letter is to inform you that, as of date, your 12 -week FMLA allotment is exhausted for this year. If you do not return to work by that date, your reinstatement rights under the law will expire.
If you cannot return to work by that date, please contact me so we can discuss your options."
I would make sure to know what options you are going to allow. I know in our company we would allow a week or two more, but much more than that would be too much. Part of the decision should rest on when the employee is able to return.
Thank you very much for your response. This was extremely helpful.
I agree, WH-382 is a bit impersonal.
I appreciate you sharing this sample notification with me. Perfect.
HAPPY HOLIDAYS
I have a question relating to FMLA. We have an employee who was out this week for a possible serious health condition. I approved his leave several weeks ago letting him know that I was designating it as FMLA leave pending medical certification. He came in today stating that his doctor scheduled an appointment next week and at that time the doctor would be able to diagnose if the condition is a serious health condition or not. My question is do I need to send him another "Employer Response to Employee Request for FMLA" form so that I can designate his leave next week as FMLA?
thank you!