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FMLA Request After Returning to Work

How late is too late for an employee to request that a past leave be considered for FMLA? With our attendance policy, employees decide that they should see about qualifying for FMLA after they get a discipline letter. I will add that as a company, we routine send FMLA information to anyone that supervision discovers may be out for a qualifying reason including absences for being “sick” for 3 days.

Generally speaking, an employee must request that an absence be FMLA within 2 business days after returning to work. It is not fair to the employer for an employee to wait weeks to claim that an absence was FMLA.

Your policy of sending FMLA papers for any absence that could be covered by FMLA is sound. You are within your rights to require that the employee promptly designate time as FMLA. Generally the employee has 15 days to return the FMLA certification papers to claim that an illness is FMLA. An employee who is already approved for FMLA should be mentioning FMLA leave when reporting the absence.

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This entry was posted on Wednesday, January 19th, 2011 at 5:37 pm and is filed under
Attendance Management.
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One Response to “FMLA Request After Returning to Work”

  1. » FMLA Request After Returning to Work Human Resource Blog « Human Resources 123 Says:

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