Who is to notify HR?
GLC
174 Posts
Can someone clarify for me a couple of FMLA questions. When an EE has an FMLA qualifying event:
1. Who has the responsibility to tell HR, the EE or the EE's supervisor.
2. When HR becomes aware that the health situation is FMLA qualifying, is the HR person responsible for getting the paperwork to the EE or does the EE always have to ask for FMLA?
3. ALso, do you back date FMLA. Sometimes I am not notified until 30 days or weeks later that the EE was out on something that qualifies under FMLA. Is there a time limit when I can say we don't go back that far? The EE will say they forgot to tell me or got busy.
Our FMLA policy is in our handbook so EEs know about it and have signed off to that fact. I have trained our supv over and over, but some still don't get FMLA.
1. Who has the responsibility to tell HR, the EE or the EE's supervisor.
2. When HR becomes aware that the health situation is FMLA qualifying, is the HR person responsible for getting the paperwork to the EE or does the EE always have to ask for FMLA?
3. ALso, do you back date FMLA. Sometimes I am not notified until 30 days or weeks later that the EE was out on something that qualifies under FMLA. Is there a time limit when I can say we don't go back that far? The EE will say they forgot to tell me or got busy.
Our FMLA policy is in our handbook so EEs know about it and have signed off to that fact. I have trained our supv over and over, but some still don't get FMLA.
Comments
1. Our policy states the employee is required to report FMLA eligible events and our supervisors are required to report them to me. Neither happens on a dependable basis, I do the best I can in educating the supervisors (some better than others)but frequently it is left to HR to notice the absence. HR exclusively sends out the paperwork.
2. Because our policy requires use of paid sick/vacation leave run concurrently with FMLA I make it my responsibility to get the paperwork out to the employee asap.
3. I do backdate in WA state. The FMLA regs say something about must notify within 2 days of their return. If the ee is still out I back date to first date of absence. If the ee is just returned say within 2 weeks, I backdate to first date of absence. If longer, I let them and supervisor know that I will catch it on the next absence but they need to notify me.
Each of our ees is notified of FMLA at hire and sign the policy but they forget about it when they have several weeks/months of sick leave that will cover their absence. There is also resentment that they must use FMLA concurrent with their sick leave so some try to hide it, some supervisors too unfortunately.
You give them the 15 day letter to produce the certification even if they have not personally notified you. That starts a clock for them.
When I'm notified "late" I start counting from 3 days before I was notified. This has resulted in employees receiving more than 12 weeks Leave - we count the 12 weeks as FMLA, and designate the other time Personal. I note the difference in the file, and advise the employee's supervisor why it worked that way.
Would love to prove myself wrong on the "3 days" thing, though.
Edit: I was wrong on the "3 days" thing. Even THAT'S not OK. You have to notify the ee within 2 days of your being advised, so you could count back 2 days, based on that.
You can go to
[url]http://dol.gov/dol/topic/benefits-leave/fmla.htm[/url]
for the whole scoop. The artible is easy to read ad there's a link to regs.
1. The employee doesn't have to specifically ask for FML. The employer is responsible for reading between the lines.
"2) As noted in Sec. 825.302(c), an employee giving notice of the need for unpaid FMLA leave does not need to expressly assert rights under the Act or even mention the FMLA to meet his or her obligation to provide notice, though the employee would need to state a qualifying reason for the needed leave."
2. The employer can't "retro" count FML time. Must start counting from date the employee was notified that her Leave was designated as FML.
29 CFR 825.208
"c) If the employer has the requisite knowledge to make a determination that the paid leave is
for an FMLA reason at the time the employee either gives notice of the need for leave or commences leave and fails to designate the leave as FMLA leave (and so notify the employee in accordance with paragraph (b)), the employer may not designate leave as FMLA leave retroactively, and may designate only prospectively as of the date of notification to the employee of the designation. In such circumstances, the employee is subject to the full protections of the Act, but none of the absence preceding the notice to the employee of the designation may be counted against the employee's 12-week FMLA leave entitlement."
That is up to your company's policy. As far as the DOL is concerned, both you and the employee's supervisor are considered "the employer". All the employee has to do is make it known to the employer that she needs time off for medical reasons, her own or her immediate family member's.
In my company, the employee notifies her supervisor, the supervisor notifies me. I send a letter to the employee provisionally designating her leave as FML, until she provides her physician's certification. (she has 15 days from date of letter) I also copy the supervisor. I follow up for physician's cert, and keep the supervisor updated.
Edit - I reread all my posts - sorry they are sort of disjointed. My children are bugging me to go outside and fill up the play pool. Sort of hard to concentrate. x:-)
Off to play!