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SENSITIVE TOPIC

maryfmurraymaryfmurray 75 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I have an employee who called the other day and informed us they would be out for an extended period of time for the employees son has cancer and is about to have several procedures done on his brain. These procedures may not help and the employees child may not survive. I did not receive the phone call and got the news through the grapevine and immediately sent out FMLA paperwork. The employee telephoned me once they received the paperwork and couldn't comprehend anything because of the condition of the child. What do I do in this situation? I do not believe I will receive the paperwork back now or in the near future. I can sympathize for what the employee is going through but I want to make sure we are in compliance with the laws. It was stated to me I have enough vacation and sick family leave to cover this so I am not going to opt for Family leave. Any advice would suffice? Does anyone have a letter that I may follow up with this employee or shall I just let them use their sick family time and let it alone.

Sorry for being so long but on another note, we have another employee who had been out for 10 days, I received a doctors note stating the employee has been out and can now return to work on a particular date. No explanation. I sent FMLA paperwork to this employee and received the response, OH I am using my sick time, I only had a note sent to you because the agencys policy states when we are out for more than three days it is required. Any suggestions on how to handle this employee?
I do believe I've had one of those weeks and being a Friday, I'm extremely frustrated and don't know where to turn. Thanks for listening.

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Comments

  • 3 Comments sorted by Votes Date Added
  • LindaSLindaS 1,510 Posts
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    If your policy currently states that FMLA will run concurrent with any paid leave, provide BOTH with a letter informing them that, based on the information you currently have, their time off will count towards their total FMLA allotment. If you policy does NOT currently allow for FMLA and paid leave to run concurrent, you may want to look at revamping your policy and counting any time off from here forward towards FMLA.
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  • AprilShowersAprilShowers 156 Posts
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    It's my understanding that the employer designates FMLA leave, and the employee does not have the choice to "opt" out no matter what you policy is on pto during leave. We inform the employee after 3 days that their current leave is being counted as FMLA leave and require a certification of health care provider be completed in all cases.
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  • SmurfSmurf 8 Posts
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    You should go ahead and designate the leave as FMLA using your standard FMLA Designation letter and code the time appropriately on her payroll records. An employer needs to only be "told" of a situation that is FMLA qualifying to designate it as such (and should designate it as such), an employee does not need to ask for it, nor can they "refuse" it, especially if others have been designated when appropriate.

    We just had the exact scenario (unfortunately) and I sent the designation letter along with the paperwork to be completed, the paperwork came much later but the designation was in effect at the very onset of the FMLA qualifying absences.
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