FMLA Eligibility Contingent DOL Form Completion
morrisg
102 Posts
We have a union in our plant with a no fault attendance policy. It’s very possible that we could assess an employee out with an attendance point (they receive points for absence and after so many are disciplined or discharged) and this attendance point could be an FMLA event (unbeknownst to HR or for that matter the supervisor). Our course if it were FMLA were could not assess the point. However, because FMLA is such a maze to all he/she may not realize their absence was FMLA and thus not make application using the DOL form to apply for FMLA. It could also be an obvious situation, like surgery but the employee failed to apply for FMLA. In this case we have not been awarding FMLA since they did not provide the appropriate written information, and thus they would receive and attendance point.
With the employer having such marginal protections under FMLA I was going to send out a brief memorandum to all employees that basically states that they need to come to HR and complete the FMLA form if they wish to classify their condition as FMLA. We currently require everyone no matter how obvious to complete the FMLA form, but I’ve not put that in writing. Does anyone see any danger in requiring the completed form as part of the condition to receive the protection afforded by FMLA. In the unions case it would protect them from receiving an attendance point. This document would become important in a discharge case before arbitration if an employee claimed a retro FMLA event, but had never made formal application
With the employer having such marginal protections under FMLA I was going to send out a brief memorandum to all employees that basically states that they need to come to HR and complete the FMLA form if they wish to classify their condition as FMLA. We currently require everyone no matter how obvious to complete the FMLA form, but I’ve not put that in writing. Does anyone see any danger in requiring the completed form as part of the condition to receive the protection afforded by FMLA. In the unions case it would protect them from receiving an attendance point. This document would become important in a discharge case before arbitration if an employee claimed a retro FMLA event, but had never made formal application
Comments
I too would assess the point and let the process sort it out. If there's a grievance and information surfaces that might reverse the point, fine, at least you've established that you operate consistently.
If you have knowledge that an event might be FMLA, you have an obligation to send out the forms, union or not. To not require the forms will only serve to bury you, particularly in a union setting. All you have to do is NOT require the forms ONE time and forever the union will wave that inconsistency in your face.
Simply, employers have the obligation to define and publish their policy and post it. Employees have the obligation to follow the rules which includes requesting and completing paperwork.
The DOL referred to your employee as a client! What happen to objective and unbiased investigations hah!