FMLA Dilemma

SNC

Here's the scenario...Employee goes out due to WC injury (not FMLA eligible). Returned to work approximately 4 weeks later but site Manager did not notify HR. Subsequently went out again due to personal illness. HR was never notified. As far as HR knew, this employee was still on leave of absence from the WC leave. Employee has now grown into FMLA leave. Is employee now entitled to 12 weeks of FMLA leave. Help!

jrzgrl

If the employee has been there at least a year and has worked 1250 hours during that time, then yes, they are owed the twelve weeks. I had a similar situation. EE went out on one-month personal leave for illness in December since they were not eligible for FMLA. I confirmed the person came back on the designated date in January, but the supervisors did not tell me that this person was then out 13 of the next 15 days. This of course spilled over to making the EE FMLA eligible and they got the additional 12 weeks. Needless to say, I set up a training soon after for supervisors and directors and I'm doing another one next week.

System

Welcome to the Forum, SNC! Yes, your employee now gets up to 12 weeks of FMLA. But I think you can designate FMLA leave retroactively -- i.e., the time he already took off while eligible for FMLA. Since this gives him job protection, he shouldn't mind.

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James Sokolowski
HRhero.com