FMLA Policy

HR in VA

Does anyone have language in their FMLA policy that addresses the requirement to provide medical certification, and the repurcussions for not doing so? The problem we seem to run into is employees that say, "But I'm not requesting FMLA, I just want to use some annual leave (for an FML qualifying event)." As an employer, we want to designate as FML and have paid leave and FML run concurrently. From what I've seen in the FML regs, it says that if an employee does not provide medical certification, you can "delay the leave"...but in reality the employee has probably already gone out on leave.

bsa

My FMLA policy reads like this---

"Contact Human Resources immediately when you learn that you must be absent for one of the reasons listed above. Your FMLA leave will begin effective on your first day of absence, even if you have not completed your FMLA leave application form and supplied supporting documentation. Medical certification forms must be returned to Human Resources within 15 days of your first day of absence. Medical evidence will be required in order for benefits to continue, and for the FMLA leave to continue if based on a medical condition. Failure to apply for leave and provide certification, if appropriate, could result in FMLA protections not being provided to the employee, and termination may occur."

Don D

You can also advise them they are conditionally on fmla as of .. .. .. date. Your policy should address the need for certification as well as have a copy of the form for that included in the policy. FML can be designated by the employer unilaterally if you have a basis for knowing the absence is caused by a medical condition. Otherwise, in the case of a refuser, you are looking toward termination. We always run the leaves concurrently. Employees will learn to jack this program around our ears just like any other. Just a matter of time. Cynical, no. Just been there.