Need quick advice - terminating FMLA??
Kymm
140 Posts
I verbally talked to an employee on August 16th when he told me he needed to take some time off for a medical condition. (At that time he had already been sick a few days). I told him we would be able to put him on a 12 week FMLA leave.
Before I was able to get a letter to him (so that it would be in writing), he called and said he would be able to come back to work in another few days, so I held off. Then, he called and said that he WOULD need to take the FMLA leave, so I did write the letter and got it in the mail. However... the address was incorrect and I didn't get it back for almost two weeks! (And then resent it to him.) My question is this.. when can I say his actual leave started? Being that I verbally told him about the FMLA on the 16th, can we use that date or is it when he is notified in writing? He is still out and we would like to terminate him. Help!!??
Before I was able to get a letter to him (so that it would be in writing), he called and said he would be able to come back to work in another few days, so I held off. Then, he called and said that he WOULD need to take the FMLA leave, so I did write the letter and got it in the mail. However... the address was incorrect and I didn't get it back for almost two weeks! (And then resent it to him.) My question is this.. when can I say his actual leave started? Being that I verbally told him about the FMLA on the 16th, can we use that date or is it when he is notified in writing? He is still out and we would like to terminate him. Help!!??
Comments
Curious...why do you want to terminate him? Also, it is now Nov. 4 - when did he receive the paperwork?
Good Luck with this one.
I agree with Don your first day of FMLA should be the day recorded by the certifying physician. 84 days from the first day of absence is the last day of any FMLA period. On the 85th day the employee is either terminated or returned to full duty; do not go one day longer for anyone and you do not have to go one day longer for one!
Now we our company does have an additional 14 week medical leave that can be granted if the employee will apply for the company benefit and have his/her physician certify "that the employee can be healed and returned within this additional 14 weeks. Without the certification in our hands prior to the 84th day the extention will be disapproved; with out a clear determination by the physician that he/she can have the employee released the employee will be terminated.
PORK