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3 Day Limitation

catladycatlady 9 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Where I'm newly employed, the FMLA policy states that they will not ask a person to complete FMLA paperwork until the person misses over 5 days consecutive work. I don't think that is allowed -while it is certainly easier on all parties the employee does not have the protection afforded by the law. Thoughts? Please respond!
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  • 4 Comments sorted by Votes Date Added
  • Don DDon D 9,834 Posts
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    There is no requirement that an employer automatically send out FMLA paperwork when an ee has been absent 3plus days. Although that seems to be the standard procedure, federal law does not require it.
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  • SystemSystem 5,885 Posts
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    I remember reading something that said you should designate FMLA leave if you have enough information to know it qualifies for FMLA. I'm not a lawyer, but I don't see this as being a factor unless you take action against an employee for absenteeism when some of the absences qualified for FMLA.

    James Sokolowski
    HRhero.com
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  • smaces_twinsmaces_twin 150 Posts
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    Bad policy. You send out FMLA papers when you have enough info to determine that it may be FMLA. Don't care about the number of days.
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  • marcmarc 3,126 Posts
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    James is onto it. If you are taking no adverse action against the EE for violating attendance policies, you are really only hurting the company because you are waiting additional days to start the FML clock running on the 12 weeks of leave. Not starting the clock does not harm the EE unless you are disciplining the EE, in which case you are interfering with FML rights.
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