Employee Doesn't Want FMLA
Aletha
8 Posts
We have an employee who has already missed several days from work due to a potentionally serious/critical medical condition that the doctor's still have not actually diagnosed. She may be facing more exploratory measures before pinpointing her medical problem. She does not want to take FMLA at this time. My thinking is that we have already allowed her to take off work for doctor appts, days for not feeling well, days to pursue medical attention (without pay after exhausting paid time off) and also without FMLA paperwork to go toward her qualified 12 weeks. My question is, can we make her fill out FMLA paperwork because if she doesn't I feel like we're setting an example for other employees if we do not allow them to do the same thing in a similar situation? Please advise. (p.s. If I posted this twice it was by mistake)
Comments
Once an employee understands that, the employee should be Ok with the FMLA. Under the law, it is not her choice, it is the company's choice, but you may want to stress to her that it is to her benefit to be on FMLA.
Good Luck.
We often unilaterally place our employees on FMLA, the key here is to notify them that you are doing this, the DOL has a form just for this purpose at their web site.
I've been to DOL looking for the FMLA notification form. (1/30/03) What is the name or the number of the form. Thank you!
DOL Form WH-380 "Certification of Health Care Provider"
WH Publication 1420 " Your Rights under the Family and Medical Leave Act of 1993"