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FMLA Documentation for incapacitated employee
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FMLA Documentation for incapacitated employee
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
What documentation needs to be completed or steps to be taken for FMLA for an employee who is incapacitated and not able to request FMLA?
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Forums » Topic Forums » Legal Forum » FMLA Documentation for incapacitated employee
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FMLA Documentation for incapacitated employee
posted at 6/3/2011 9:57 AM EDT
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Posts: 3
First: 6/3/2011 Last: 6/3/2011 |
Unfortunately, the only family that this person has is an estranged brother who lives somewhere in Florida and does not seem interested in trying to assist with anything. And our Board Chair has instructed all staff members to not get involved in any way. I can initiate the paperwork but I don't really have anyone to give it to and am not quite sure how to proceed. |
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FMLA Documentation for incapacitated employee
posted at 6/3/2011 10:09 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
So no one has power of attorney or decision making ability for this employee?
If not then the solution is equally simple. If based upon your knowledge of the situation it is reasonable to conclude that FMLA would be approved simply designate this time as FMLA and track it. Should the employee be in a position to administer the process for himself then proceed as you normally would. If time expires and nothing has occured then end the FMLA and proceed as you normally would for any other expired FMLA. |
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FMLA Documentation for incapacitated employee
posted at 6/3/2011 11:02 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
If you have knowledge that the employee is "incapacitated" and has no way of dealing with the paperwork, that alone would be enough to grant FMLA time.
My only real questions would be to ask how you found out? Who reported it originally? If the employee was incapacitated, I suspect it was not the employee? And do you suspect fraud? |
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FMLA Documentation for incapacitated employee
posted at 6/3/2011 1:14 PM EDT
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Posts: 3
First: 6/3/2011 Last: 6/3/2011 |
Thanks HRPro. That is pretty much what I thought too but just wanted to get other opinions.
We found out about the employee because our staff found him at his home when they went to check on him when he did not report to work or call off. This is an employee who never misses work so we thought there was something wrong. We ended up calling paramedics and the employee is now basically on life support and has not been responsive. His brother was contacted (we only have a phone #) and he doesn't seem interested in taking charge or assisting the employee. This is a really sad situation but on the employer side of it, we have to be very careful about getting involved and how we handle things. |
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FMLA Documentation for incapacitated employee
posted at 6/6/2011 5:51 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
While I understand the point regarding being "humane" I caution it. I am not suggesting being inhumane. I am suggesting you treat this no differently that any other FMLA situation and follow the book, so to speak. Extraordinary efforts now could come back at you later in the form of "you did it for so and so why won't you do it for me." I would simply recommend caution and to make no effort outside of the norm or what your organization believes it can support in the future. |
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