Eligibility for FMLA

rkrb

We have a city employee that was involved in a car accident and she has been out of work for 10 days and will not answer her telphone to let the employer know when she will be returning to work. Could she be offered FMLA although this is not a work related injury. In fact, we really don't know what wrong with her.

SMace

How do you know she was in a car accident? I think you should offer the ee FMLA. Send her a certified letter with the forms that states she has 15 days to return the paperwork otherwise she will be considered to have voluntarily quit.

Whatever

Do you have a rule about ee calling in when they will be absent. If so, you should apply it. The employer should not be calling the employee, the employee should be calling the employer.

marc

Even though you have very little information, it is very possible that the accident has led to an FMLA covered medical condition. Do as SMace suggests and send the paperwork. Let the medical provider guide your determination.

Don D

Although The Act does not require that you go to such measures, I agree that you should mail the forms, certified, giving the 15 day notification. It will certainly make the termination cleaner and much more defensible.

The Act assigns certain responsibilities to the employer AND the employee. We often tend to consider only our own obligations as employers and go to extremes to grease wheels for employees who won't or don't carry their own end of the bargain. And employment is 'a bargain', this for that, each having responsibilities.

LindaS

Have you received ANY information from this EE? If not, follow your policies.

If you have an attendance policy stating an employee's responsibility to contact you regarding their absence, follow that. The FMLA does not remove the responsibility of the EE to contact their employer regarding their absences. I would send her a letter informing her that if she does not contact you by XX date, her employment will be terminated.