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asking for it?
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We have an employee who is out on disability. she neglected to fill out FMLA paperwork. We had sent it to her about two weeks ago. Is it mandatory that she fill this out, if not, and we let her go, ca
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asking for it?

posted at 8/5/2010 8:07 AM EDT
Posts: 4
First: 8/5/2010
Last: 12/2/2010
We have an employee who is out on disability. she neglected to fill out FMLA paperwork. We had sent it to her about two weeks ago. Is it mandatory that she fill this out, if not, and we let her go, can we deny her collecting UI benefits because she didn't fill out the forms?
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asking for it?

posted at 8/5/2010 8:21 AM EDT
Posts: 1103
First: 3/16/2007
Last: 8/19/2011
First of all you are not going to approve or deny UI benefits. That is up to the state. You simply report the reason for termination/separation and then they decide. The odds are if her need for FMLA is/was legitimate and remains so when she files that she could be denied UI simply because she is unable to work. However, once she is able to work things could change.

You have done your basic duty and offered her FMLA. She has apparently declined to take advantage of the situation. You now, technically have the right, to terminate her employment.

Now I would suggest a very simple test for you when you do this. There is no right or wrong answer. It simply is what it is and you and your organization are the only ones who can answer it. The test is this: Ask yourself how this will affect your company should this make the newspaper? What would the companies reaction/response be should a reporter show up on your door step.

In the answer to that test is the answer to what you should do. It doesn't get any simpler than that.
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asking for it?

posted at 8/5/2010 8:37 AM EDT
Posts: 562
First: 11/12/2009
Last: 9/14/2011
OR (another test):

How would you feel about defending your decision in front of a jury? Keep in mind that members of the jury are not your peers, they're most likely peers of the employee.
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asking for it?

posted at 8/5/2010 9:06 AM EDT
Posts: 544
First: 9/27/2004
Last: 9/13/2011
Forms can be daunting to some people - especially if they are not feeling well. Is there someone who can help her with that process?
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asking for it?

posted at 8/6/2010 2:37 AM EDT
Posts: 1771
First: 10/24/2002
Last: 9/14/2011
Are you sure she knows that by not completing the paperwork she's not eligible for FMLA leave and that her employment could be terminated as a result of being off work without FMLA protection?
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asking for it?

posted at 8/6/2010 2:44 AM EDT
Posts: 1103
First: 3/16/2007
Last: 8/19/2011
hrbth, that is a good point. Failing to fill out FMLA paperwork and properly being notified are two different things. Great catch and question.
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