certified mail for FMLA

Irie

Are employers still required to send FMLA documents to employees via certified mail, return receipt requested? I always send one set certified and another set regular mail because usually the employees don't pick up the certified copy at the post office and I get it back. This is a waste of postage and I'm wondering if it is still required. Thanks.

ACU Frank

I didn't know it ever was... I haven't been, but I'm going to start after my latest fiasco.

NaeNae55

I think if you just keep a log where you record what documents were mailed and when you will be ok. That seems to have worked in several COBRA court cases, so I imagine it would work for FMLA too.

Just DONT forget to log before mailing!

Sharon McKnight SPHR

I never found anything in the regs that says using certified mail is a requirement but I always used it, with a return receipt requested. Also, I explained to employees that they would be getting notices from me that would be sent via certified mail and explained how that worked (i.e., if they weren't home to receive them the mail carrier would leave a slip of paper in their mail box and they would have to go to the post office to pick it up.) And, yes, I documented that conversation as well.

Hope this helps.

Sharon

bkailiuli

I've never heard of having to send paperwork by certified mail either. I send out FMLA documents, with a cover letter that I keep a copy of, by regular mail and log down what I send and to where. So far this seems to work well.

Frank, what fiasco are you referring to?

Beth

ACU Frank

I did a terrible job of following protocol on my latest FMLA. This employee has been on FML several times during her few years with us. I got lax, and assumed she knew the drill as well as anyone... so I skipped mailing her the notice and making her "apply" for leave, and instead just sent the certification paperwork to her doctor.

Now, it's been 1[U]3[/U] weeks, she hasn't returned, and counsel is shredding me for not sending the notice on this occasion (even though I have at least two previous signed copies on file).

To be fair, I deserve the beating. It's a mistake I won't make again. The whole situation is compounded by the fact that well after FML began, she filed with the state to have the illness treated as work comp.

I was trying to be nice and expedite the process for her, since I knew the FML would be approved. As always, no good deed goes unpunished.

bkailiuli

Wow. It's so true that when we do something like this, 90% of the time it will come back and bite us. This is a lesson for us all to learn.

ACU Frank

Hey, [I]someone[/I] has to provide the bad examples for you to turn into learning opportunities. That's my niche.

bkailiuli

Thanks for the sacrifice Frank. Better you than me! \:D/

ACU Frank

That's going to be on my tombstone... "Better Him Than You"