FMLA Basic Questions

HRDallas · June 2003

I'm sure that my questions have previously been addressed on the Forum, unfortunatley I'm new to all of this so forgive my repetition.
We are Texas based and realize that we need to get our FMLA in order - this hasn't been maintained properly to this point.
Question: If the ee does not notify HR that they have an FMLA event, what process do we establish to cover notification to initiate the FMLA leave? The DOL notification form that we have is "ER Response to Ee" - but if the ee doesn't request the leave is that the appropriate form to use?

Question: What is the time frame from learning about an FMLA event to sending notification to the ee?

Question: We have self-subsidized STD - so everytime someone qualifies for that does it automatically qualify them for FMLA?

Question: Can anyone provide me with a copy of their FMLA notifications &/or letters that I could use? (e-mail [email]afox@moroch.com[/email])

Thanks so much.

POPEYE · June 2003

Unfortunately as of right now, it is the employer's responsibility to notify the EE in writing of their rights and also of their obligations in regards to FMLA. The response is supposed to be given within 48 hours of being notified that there may be a qualifying event. We provide a Physician Certification form with that notice and advise that the leave is pending until the certification is received. When the leave has been approved or denied, we send out the ER response again stating what the EE's rights and responsibilities are.

LindaS · June 2003

In answer to your questions, recent court rulings have stated that it is the employer's responsibility to designate a FMLA qualifying event. If you have enough information that you can make a reasonable assumption that FMLA may apply, you should be sending the paperwork immediately. The timeframe when the paperwork should be sent out is as soon as you are made aware of the situation (or as soon as reasonably possible afterward).

If you have someone on STD, chances are the reason they are off will qualify as FMLA so you would want to send them that paperwork as well. What I have done in some instances is use the information I have obtained from the physician for the STD claim to make the FMLA determination. You do not necessarily have to have the specific FMLA form completed if you are able to obtain the necessary information from something else provided by the ee. Once you have the information, send the ee the approval letter within 48 hours to let them know their clock is ticking.

I will email you some of the standard approval letters I have as well as the letter I send when I am made aware of an FMLA potential situation.

I hope this helps.

lnelson · June 2003

Linda S,
Would it be possible to get a copy of the letter and forms?

E-mail Address: [email]lisa@amberwoodproducts.com[/email]

THANK YOU

Sally · August 2003

Linda S.
I now need the forms you offered to email to others a couple of months ago. Would you mind sending them to me at [email]spettegrew@jaxsymphony.org[/email]
Thanks!

clarkbar · August 2003

I suggest you attend a good seminar on the FMLA. There are so many dos and don'ts that you really need some good guidance in this area. As most HR people do you probably are inundated with flyers from companies that hold seminars in your area. Pick one and attend. It will be well worth it.

Tony Kessler · August 2003

Just a brief reminder: If you're an Employment Law Letter subscriber, you have access to two HR Special Reports on the FMLA: "FMLA Leave: A Walk Through the Legal Labyrinth" (by Anne Williams, who frequently chimes in on this Forum) and "FMLA, ADA, and Workers' Comp: Navigating the Treacherous Triangle." To view the reports, simply go to the home page, log in (in the upper-right corner), and scroll down to the "Special Reports." Hope this helps. tk

Tony Kessler, director of editorial
M. Lee Smith Publishers LLC
(615) 661-0249 ext. 8068

FMLA Basic Questions

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