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Mar10

When should offer FMLA?

When should you offer FMLA/ How many days should an employee be absent before offering FMLA?

According the U.S. Department of Labor, an employer must offer FMLA when an employee requests FMLA leave or when the employer acquires knowledge that leave may be for a FMLA purpose. The employer must notify the employee of his or her eligibility to take leave, and inform the employee of his or her rights and responsibilities under FMLA. When the employer has enough information to determine that leave is being taken for a FMLA-qualifying reason, the employer must notify the employee that the leave is designated and will be counted as FMLA leave.

Absent extenuating circumstances, the regulations require an employer to notify an employee of whether the employee is eligible to take FMLA leave (and, if not, at least one reason why the employee is ineligible) within FIVE business days of the employee requesting leave or the employer learning that an employee’s leave may be for a FMLA qualifying reason.

For example, if your employee calls off sick, with a cold or flu, that is not a serious health condition and there is no need to offer FMLA. However, if the cold develops into pneumonia and is placed in the hospital, FMLA should be offered.

Another example, you find out that an employee is in a serious auto accident and will be in the hospital, FMLA needs to be offered at that time. Do not wait until the employee notifies you.

This entry was posted on Sunday, March 10th, 2013 at 12:28 pm and is filed under
Human Resources Management.
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