Quick answer please on FMLA

njjel

I just learned an ee has been out sick for two weeks. If we send their FMLA paperwork today, the date of the leave can't be set back two weeks, is that correct? We would have to date the 12 weeks starting with today's date?

Nevada HR

My understanding is if it was a "good faith error" you can date it to the start of the leave. There's some case law that upheld it and I was advised by our HR Legal Department of the same.

njjel

This was a case that I was not notified that he was out on sick leave. I am at a different location than the employee in question and his manager did not notify me.

neveradull

In my opinion your lack of notification occured because of the manager (employer error) I would start the fmla process as of today. The worse that can happen is the employee gets 14 instead of 12 weeks if he is in fact entitled to FMLA. This may cost the company a little bit (thinking benefits) but is fairer to the employee should he need to use all of his fmla.

ritamcguire

Concur with Neveradull. I always err on the side of the employee if it's a low ticket item (a few benefit payments). In this case it's not worth the legal risk in the event you get a pro-employee judge or jury. I actually believe there is a case to be made for starting the FMLA on either date (now or two weeks earlier).

WO

If the employee is still out on leave I would back date the FMLA to first date of absence.

This provides consistency to all those ees who follow our policy are placed on FMLA at the onset vs allowing an ee/mgr to let it slide a few weeks and then report it.

AnneHa

I think I would backdate as well. If the leave extended beyond the twelve week deadline, I would approve an additional two week personal leave of absence. Just to be consistent. But the extended leave would CMA.

Anne in Ohio

NaeNae55

Depends on what the employee told their supervisor. Were they both in agreement that this would be FMLA? If so, definitely back date it.

Otherwise, step cautiously.


Good luck!

Nae

njjel

There has been no conversation between the manager and the employee as to the FMLA leave - good heaven's why would anyone even think a manager should address that issue (laughing)