FMLA Notice or not?
DawnC
27 Posts
New to HRHero, but have heard many great things about these forums...
We have an ee that voluntarily quit. The question has come up about prior knowledge of her injury/illness. She had been complaining about back pain, stress of being overworked to her subordinates, not management, but never sought relief from her physician. EE did not take time off for related illness/injury to our knowledge. She never presented documentation of physician visits or restricted duty requests.
Are we responsible for going to her or should she come to us? Would we be better served sending a complaining employee to the clinic or waiting for the WC Claim shoe to drop?
At what point should we have considered her complaints FMLA notice or should we?
She has since filed WC claim w/attorney, etc...the whole enchilada. Where do we go if her attorney plays the FMLA notice card, if that is available...prior knowledge, etc.
We have an ee that voluntarily quit. The question has come up about prior knowledge of her injury/illness. She had been complaining about back pain, stress of being overworked to her subordinates, not management, but never sought relief from her physician. EE did not take time off for related illness/injury to our knowledge. She never presented documentation of physician visits or restricted duty requests.
Are we responsible for going to her or should she come to us? Would we be better served sending a complaining employee to the clinic or waiting for the WC Claim shoe to drop?
At what point should we have considered her complaints FMLA notice or should we?
She has since filed WC claim w/attorney, etc...the whole enchilada. Where do we go if her attorney plays the FMLA notice card, if that is available...prior knowledge, etc.
Comments
Based on the facts you've presented, hard to see how an attorney would have taken her case. We make decisions based on the facts and as they're outlined not sure how you could have known there was an issue. Without seeing a dr. not sure how she could have qualified for FMLA.
Is the attorney claiming stress related or did she injure her back on the job?
Since she's a former employee who's filed a claim, I don't see a benefit in sending her to a clinic but instead reviewing the facts as you knew them when she worked for you about her situation with her supervisor and your attorney.
As for her hiring an attorney, wait to see what what happens. Make sure you notify your W/C insurance company of the situation and make sure they investigate.
Good luck!
I'm not worried about an FMLA claim, I am not even worried about the WC Claim. She even lost her unemployment benefit claim. (Her statements on the exit interview and the hearing did not support each other.)
I was more concerned about being a "mind reader" when it comes to the need to offer/grant leave under FMLA.