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FMLA Compliance
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If an employee makes statements indicating he has a "disease", certification docs were served based on employee's statement, the employee expressed privacy concerns and said she didn't want FMLA leave
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FMLA Compliance
posted at 8/24/2009 6:49 AM EDT
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Posts: 6
First: 8/24/2009 Last: 9/3/2009 |
If an employee makes statements indicating he has a "disease", certification docs were served based on employee's statement, the employee expressed privacy concerns and said she didn't want FMLA leave, what is the best course of action? If the best approach is not to force FMLA in this type of case, what type of written documentation should be gotten and what if the employee still refuses to sign on the waiver?
Also, I'm a little confused about some earlier posts that we should force FMLA, but when a condition is known to be FMLA eligible, what alternative do we really have but to call it FMLA? Thanks any & all!! Regards, Denise Federico, Legal/HR Administrator |
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FMLA Compliance
posted at 8/24/2009 7:14 AM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
You document that FMLA was offered and declined. Some document showing that the employee was offered and declined, best if signed by the employee, is good.
Afterwards you treat them like any other employee. If they miss work they are subject to normal attendance policy and procedure as the absence is not "protected" under FMLA. Generally when this is explained to people they accept FMLA graciously. |
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FMLA Compliance
posted at 8/24/2009 9:56 AM EDT
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Posts: 6
First: 8/24/2009 Last: 9/3/2009 |
Unfortunately, she gave no further description and only stated that her "disease" made it difficult for her to be at work. When we presented her with the med cert packet she said she was concerned about her privacy and didn't want to be on fmla. I think she was under the incorrect assumption that fmla was paid leave until she received the documentation.
Again, thanks all for your help & advice! |
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FMLA Compliance
posted at 8/24/2009 12:19 PM EDT
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Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
It is the sole responsbility of the employer to designate leave as FML. In ordinary procedure, we ask for the documentation package which includes the paperwork being filled out by the service provider. However, even without that paperwork being filled out, the employer may still want to designate leave as FML.
The employee does not have a choice about whether or not to accept the designation. They do have a choice about getting their provider to fill out the forms, which may indicate that the leave being requested is not FML. I want the leave clocks to start as soon as possible, when I have reason to believe that an employees absence can be qualified for FML. So doing starts that 12 week clock ticking. If you don't start it and a qualifying medical condition is present, the employee always has that 12 weeks in front of them, which may limit some of the employers choices around replacing an employee that cannot return to work within the alloted time frame. I have on occasion, designated an obvious pregnancy as FML without the paperwork. I know that can be problematic, but has not bit us in the butt so far. |
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