FMLA - when can we start the clock?

Hatti

A truck driver strained his back at work on 4/30/2003. Our work.comp. doc gave him 'modified duty restrictions' until his next appointment 5 days later. We had no appropriate lite duty for him, so he remained off work - at the next appointments (5/5 - 5/12) he was no better, still off work. Referred to a 'specialist' - employee got the flu and could not see the specialist until 5/28/03. An MRI was done. The docs are now re-evaluating the situation and it seems that surgery is likely, with an absence of at least 8 weeks. So what started as 'a few days off with rest/ice/heat and become something much larger. My Question: Can we send an FMLA letter to the employee and start 'the FMLA clock' before the surgery, or do we need to wait until surgery is scheduled.?
Harriet Voit
Gilcrest/Jewett Lumber Company
[email]voith@gilcrestjewett.com[/email]

LindaS

You should have sent the paperwork with the first day he was unable to work but in answer to your question, you can send him the paperwork now, have his physician complete it, and make sure you note that his FMLA "clock" is beginning with the sending of the letter.

Hatti

Thanks for your response, Linda. Normally I would have send the letter when it appeared that this was going to become more complicated. Unfortunately most of this was happening while I was on vacation and I am a 'staff of one'. I think we can get it under control now.

LindaS

I'm in the same boat - good luck!!