No call, no show, no cert

HRCathy

I have an ee that called and said his mother was sick and he was going to Mexico. He had 4 weeks of vacation which he has now used. I sent the FMLA letter and requested medical certification. I haven't heard from him and can't get in touch by phone. Since I have no proof of her illness I think I should consider him as a quit. What do you think? And can you give me an example of what I should say in a letter? I want to give him the chance to save his job with the medical cert, but I don't want to be taken advantage of either. Thanks!!
-Cathy

LivindonSouth

It may not be relevant, but, where did you mail the medical cert. If he left for Mexico, he has no knowledge of it. However, I'm sure your policy is in the handbook and posted and he has not followed your policies and instructions. I would terminate him and let it play out later. You are under no obligation to keep him in limbo in an active status. I would consider him to have abandoned his job. Here's what my letter might say: "Insofar as we have not heard from you since (date), your employment with (us) is terminated effective that date. We have no confirmation that you have job protection under the Federal Family and Medical Leave Act. In order for you to have had that protection, the policy posted (where) and found in our employee handbook must be followed. It was not. If you do return to this area, feel free to apply for future openings with us." The last sentence is optional.

You are really writing this letter for your own reference later and to produce as evidence, should you need to, not for his edification anyway.

Send all correspondence certified or return receipt requested, someone's signature required.

HRCathy

Thank you. I told a family member that I was going to send the FMLA form and that I needed the cert. Of course, that is only verbal. I knew the ee wouldn't get it, but I told his family member so she could let him know what was going on. I appreciate the advice, I thought I was on the right track, but wanted to be sure.

LivindonSouth

You should be on sound footing unless in the unlikely event of the ee saying that he never understood or saw the policy and thought he did what he was supposed to. The Act requires posting the policy and procedure and it's best to have his signature evidencing receipt of that, plus having it on the bulletin boards and in the handbook. But, you'll probably never hear from him again. If he wanted the job, you would have heard something.