Employee on Workers Comp doesn't return Medical Certification Form for FMLA

Andrea

We have an employee out on Workers Comp. We learned on 7/22 that he would be having his surgery on 7/23. The note from the doctor said he'd be out from 7/23-9/3. That is all it said! Since I had no warning, I mailed home the FMLA paperwork explaining in detail what each piece of paper meant and what he had to do. His deadline for returning the medical certification form was 8/7 and I said in my letter that we had to receive the paperwork by that date in order for the leave to qualify as FMLA. (The Employer's Response for FMLA leave form also reiterated the 8/7 deadline and listed the consequences of not submitting it - denying reinstatement or delaying the commencement of the leave). The Time Loss Due to FMLA Checklist explained to him that "while away from work on FMLA, he must continue to pay his portion of medical premiums." I also said that since no income was due from us to deduct premiums from he would be required to pay us by the first of each month. It also mentions that he has a 30 day grace period to make the premium payments and if he fails to do so, his insurance may be cancelled, or, at our option, we would continue to pay his share of the premiums during FMLA leave.

Well, he never returned the medical certification form and he has not made a premium payment. Normally, if an employee is out on FMLA leave, we would continue to make their premium payments and catch up their missed portion of the premiums when they return to work. That is only if they are on FMLA leave. Since he did not return the medical certification form, it is not considered FMLA leave and he would now be required to pay the entire premium. (I guess we would have to notify him in writing at least 15 days before to notify him of the cancellation.)

After this long background story, I'll get to my question. If he turns in his medical certification form now that it is past the deadline, are we required to begin the FMLA leave effective on the date it is received, at some future date, or not at all? I'm thinking that when he receives notice that he will be required to pay the entire premium, he will want to submit the form to avoid paying that amount (just a guess, don't know that for sure).

I've never had anyone fail to turn in their form so am at a loss as to our options/requirements. Any help would be greatly appreciated.

Thanks!

Oh! As a side note, his girlfriend (who also works here) dropped off another note from the doctor today stating that he would be out until 10/29. Again, that was all that was on the note!

Carol CA

You state in your first sentence that this employee is out on Worker's Comp. What would you normally do for someone on W/C? I am also assuming that since it is W/C that he is going to a doctor of your choice? You have a right to talk to this doctor about the employee's condition and discuss the possibility of him returning to modified work. You must have some idea of what is going on a result of the employees first report and the doctors first report.

We usually hold the employee's job open while they are out on W/C until they are declared permanent and stationary. They are responsible for paying their portion of the premium during that time. Send the guy a bill for his portion of the premium. Let him know that if he fails to pay it that his insurance will be terminated due to non-payment of premium (as long as that is consistent with what you do for other people who don't pay their premiums).

As far as the FMLA goes, you know he is out due to surgery. I would declare it FMLA from the time he went out and you got the doctor's note. Eventhough you don't have all the paperwork back, you are aware of his injury and have a doctor's note. You initiated the FMLA - not the employee, and that's OK.