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What days to count as FMLA

If an employee is hospitalized, do we count the first day as FMLA or does an incapacity of more than three days apply first? For example the worker is hospitalized for five days, do we count day four as FMLA or all five days?

FMLA starts on the first day of the incapacity. However, the employee must apply for FMLA and a doctor must certify the need for FMLA and the company must designate the incapacity as FMLA. It is important that the company complies with the appropriate paperwork in a timely manner. In the event that the incapacity is not foreseen, once the paperwork is submitted and the company designates the incapacity as FMLA, it can be applied retroactive to the first day of incapacity.

This entry was posted on Sunday, December 2nd, 2012 at 8:56 am and is filed under
Human Resources Management.
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