Missing paperwork

PAhr

We have an employee who has been on intermittent FMLA for about three months. I had recieved a complaint about how much time the employee has missing so I decided to pull his FMLA paperwork to see exactly what the employee had and why he needed the time off. I can't find his paperwork. I asked the HR benefits specialist what was wrong with him and where she put his paperwork. She knew what the diagnosis was from the employee (no doubt it qualifies) but could not find the papers. We called the employee in and explained that there were complaints about his absenteeism and that although he had requested FMLA it appeared that the paperwork from his doctor had never been returned to us. He said the only paperwork he ever saw were the papers that he had to sign in front of us (compliance sheet) and that he never recieved any other papers. We gave him new papers due to the apparent misunderstanding and allowed him fifteen days to return it with the understanding that all past days absences would be rectroactively marked as FMLA. He returned the next day and informed the HR benefits specialist that he had spoken to his doctor and was told that they had recieved the paperwork by fax from our office and the cover sheet said to return paperwork via fax back to our office, which they told him they did. He is very upset that his confidential information is now missing. How sould I approach this subject?

Don D

Are you indicating that as soon as you pressed the issue, the employee suddenly returned to work? Or are saying he 'returned' just long enough to complain, then went back home? As for how you might handle his discomfort with 'missing paperwork', I would explain that your office is equally as concerned anytime any paperwork is misplaced or missing from your department. I would also tell him that there is no evidence that the information was received in your department, notwithstanding what his doctor's office claims. Now, if this employee DID suddenly reappear for work after you pressed him, you have an entirely different decision to make: Do you back up and have the paperwork redone for your consideration of eligibility, or do you write it off to someone's blunder, either your departments or the doctor's office. Even if you do not find the supporting documentation, someone in your department was responsible for tracking the time off and for giving the employee written notification including the expiration date of his 12 weeks, among other things. I think you might be staying late today.

PAhr

Sorry I was so unclear. He was working when we called him in to explain the situation. He came in the next day before his shift started to let us know what his doctor had told him. He brought in pay stubs that had his FMLA hours listed (his total to date is 58 hours). He is not out on indefinate leave. So someone did approve his leave but the paperwork from his doctor can't be found. The employee stated to me that he was going to get his doctor to verify that the paperwork was sent back to us and that we would "have some explaining to do".

Don D

OK. In that case, I would have him in for the explanation which would be that we endeavor to always operate our department in the most professional manner we can and we always treat employee issues, files and information with the utmost confidence. If we somehow misplaced a piece of yours or it never got to its destination in our department, we certainly apologize to you for that; however, our fax is not a secure fax and there is always the possibility that it was not sent as the clinic suggested. Beyond that, ask him to return to his job.

PAhr

Thank you. I will do that.