FMLA Letter Wasn't Issued
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I just received a call from an employee who has been on leave for the past 9 weeks due to medical issues. We've just realized that we never issued the initial FMLA notification to the employee.
What are our options now?
As long as he has proper documentation from his doctor releasing him for work, we will reinstate him to his position.
Will we still be able to count the 9 weeks toward his FML balance?
What are our options now?
As long as he has proper documentation from his doctor releasing him for work, we will reinstate him to his position.
Will we still be able to count the 9 weeks toward his FML balance?
Comments
Legally, employers cannot retroactively designate a leave as FML.
He has advised to send the letter to the employee anyway. If the employee needs additional leave in the future and we may have to approve additional FML.
I'm sure I'll seek additional legal counsel if/when this happens.
best wishes.