Forums
FMLA
Legal Forum
FMLA
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
When an employee goes out on a disability leave he is sent a letter notifiing him that the time may be counted against their 12 week FMLA entitlement, FMLA request form, and medical documentation form
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId17476
Forums » Topic Forums » Legal Forum » FMLA
|
FMLA
posted at 7/31/1999 8:03 AM EDT
|
Posts: 6
First: 7/31/1999 Last: 8/13/2000 |
When an employee goes out on a disability leave he is sent a letter notifiing him that the time may be counted against their 12 week FMLA entitlement, FMLA request form, and medical documentation forms. If the employee does not return the FMLA request but does return proper medical documentation can we still count the absence as FMLA? The employee claims he was never notified that the leave would be FMLA but we have copies of the letter sent as well as the documentation form(requested in the letter) that were completed and returned to us. Are we liable for an additional 12 weeks? |
|
|
FMLA
posted at 8/1/1999 10:22 PM EDT
|
|
Posts: 946
First: 6/14/1999 Last: 12/14/2005 |
The employer needs to give written notice within two days of the employee's request for leave that such leave, if qualified for FMLA leave, will be counted against the 12 week maximum (assuming the employer has sufficient facts to make the decision that the leave is a qualifying reason). Thus, the employer can designate it as FMLA leave, even if the employee did not specifically request FMLA leave nor want it counted as FMLA leave. |
|
|
FMLA
posted at 8/1/1999 10:49 PM EDT
|
|
Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
The Regulation you want to look at is 29 CFR Sec. 825.208. Subsection (a) provides that it is "the employer's responsibility to desginate leave, paid or upaid, as FMLA-qualifying, and to give notice of the designation to the employee as provided in this section." Subsection (b)(2) explains that the notice "may be orally or in writing." If orally, written confirmation must be no later than the following payday, and "may be in any form, including a notation on the employee's pay stub." The 2-day provision "Hatchetman" correctly references is in subsection (c), regarding circumstances where the "employer requires paid leave to be substituted for unpaid leave or ... paid leave taken under an existing leave plan be counted as FMLA leave...." |
Forums » Topic Forums » Legal Forum » FMLA
