Denying FMLA

nohr4u1yr

Good morning!

I have an employee that every 12 months has some situation come up that requires her to be on FMLA. This past time she stated she needed it for her mother that is in a nursing home (to take her to appts). Since I didn't have all the information I sent her the paperwork. She did not return it in time so I denied her.

Do I have to let her resubmit? What are my options?

Thank you!!!

LivindonSouth

Well, there's nothing in the regulations that will allow an employer to actually deny an employee the opportunity to apply for FMLA. And there's nothing in the regs that limits an employee in the number of times he/she may apply. It's an entitlement, very simply. Don't let this one drive you up the wall. But, enjoy the pleasure you find in denial when you can. It's almost orgasmic, in a sinister way.

HRinFL

I agree with The Don. The ee can inquire about FMLA anytime, they have a responsibility to provide you with the documentation supporting the need for the leave. Follow the guidelines, keep denying until the documentation satisfies the requirements. Then follow your process. It seems to me that if all the ee wants is to take her mother to doctor's appointments, it will be intermittent. Additionally, you can talk to the ee about scheduling the appointments to minimize the time missed and to lesser the impact on your business. The imprtant thing the will be to make sure that when the ee needs to take her mother to the doctor, you properly record the absences.

hhaynal

"Since I didn't have all the information I sent her the paperwork. She did not return it in time so I denied her."

In the letter that you sent to the employee asking them to complete and return to you, did you state 1) a specific return date, and 2) the consequences for failing to return the paperwork? Failure to "note the consequences" starts the time clock all over again and as a result, your decision not to designate the leave as FMLA may need to be redressed.

Take a look at the regs and the requirements on written notice to the employee and what "must" be specified in the letter to the employee.

Just ran through this on a matter I'm working on and it resulted in having to give the employee another opportunity to respond with the requested information in order to designate, or not designate, leave as FMLA.

nohr4u1yr

Am I able to set up a time frame in which she can reapply? In our letter it states they have 15 calendar days to return the paperwork. Since she failed to do so - can I set a timeframe in which she can reapply or do I give her another 15 days?

Thank you!

HRinFL

She can ask whenever she wants the paperwork, you just need to be consistent now with the fifteen day time limit for her to return the documentation. If she turns it in late, deny it again. If it does not meet the requirements, deny it.

I can't think of any time where you can specify a time period for someone to ask for the documentation.