FMLA & Attendance Warnings

CS

Our benefits group handles FMLA so I haven't kept as up to speed as I guess I should have, however I seem to be confused as to how we apply FMLA in our company. For example if an employee has a poor attendance record and with their next incident of absenteeism they would be put on verbal warning, we are told that if that person is out 3 consecutive days our Benefits group will send out leave papers and then we must wait for notice from the Dr. to see if it is an FMLA leave. If so, of course no disciplinary action can be taken. I thought we had to post information about FMLA but didn't think we were responsible for sending paperwork unless it was requested. It seems there are always Dr's who will sign for anything and our absenteeism and leaves are totally out of control.....any insight?
Signed
Lost in FMLA land

LindaS

Your benefits group is correct. You, as the employer, are responsible to take action whenever you believe there is an FMLA qualifying event. The employee is NOT responsible for saying the "magic FMLA words" to prompt the mailing of the paperwork. They only need to provide enough information for you to reasonably assume that an FMLA qualifying event has occurred. You have to provide them the requisite 15 days (minimum) to complete the paperwork and then make a determination of whether or not it qualifies. If not, then you can go ahead and provide them with the warning.

I totally agree with your frustrations regarding drs.' slips and how absenteeism is out of control but until the regulations are changed, we have no choice but to abide by them.

Good luck!

Don D

It's not much consolation; but, tell your benefits group it's 'more than' three consecutive calendar days, not 'three days'.