A conservative FMLA process will include asking the employee if they need help printing and sending the paperwork to their doctor, asking if their next doctor’s appointment is before the due date, and at least one reminder about the due date about 5 days in advance.
Dave McClurg, an employment lawyer with Petrie + Pettit, reminds us that, at a minimum, evidence of outside work involving physical activities inconsistent with an employee’s FMLA certification provides a basis to request re-certification of the employees continued need for FMLA leave.
Do they need to know what FMLA and ADA are? Yes. Do they need to know how to administer all the details? No. If you spend too much time teaching them about the boring details of disability and leave of absence management you're going to lose your audience.
FMLA Myth #5: You cannot contact an employee about work during their FMLA leave. Reality: You cannot ask an employee to perform work while they are on a leave but you can reach out to ask basic questions.
Stressful workplace changes, job changes, disciplinary action, attendance issues, and demotions can all cause an up-tick in FMLA cases and usage. Share information about large changes and escalated issues on a weekly basis across the entire HR team so that you can collaborate and prepare for the side effects of change management.
How do you handle an employee who needs medical leave but doesn’t qualify for FMLA? The employee may just be subject to your attendance policy. If so, it’s important to look at the details of your attendance policy to make sure that it doesn’t conflict with your other leave of absence policies and doesn’t drive the wrong behavior.
How do you handle an employee who needs medical leave but doesn’t qualify for FMLA? One option is to implement a Personal Leave Policy. Here are some things to think about when building and administering a Personal Leave Policy.
How do you handle an employee who needs medical leave but doesn’t qualify for FMLA? One option is to allow the leave as an accommodation under The American’s with Disabilities Act (ADA). But there are some things to think about first. Let’s discuss.
“If I sat through one more “Advanced FMLA” training session that spent the first 20 minutes going over federal Family and Medical Leave Act eligibility rules and other basics I was just going to lose it.”
Attendance policies have long created headaches for HR professionals when it comes to administering FMLA. In light of a new DOL Opinion Letter that addresses FMLA and no-fault attendance policies, this is a good time to revisit that topic.