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What are my options re: FMLA?

WhateverWhatever 1,945 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I have an ee who applied for wc and STD. I sent her the FMLA paperwork. Her attorney responded that on his advice, she will not submit the paperwork. Other than telling her she has an idiot for an attorney, is there any reason why I can't deny her a leave (which obviously would result in her losing her job)?
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  • 4 Comments sorted by Votes Date Added
  • LindaSLindaS 1,510 Posts
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    I had this happen before and what I did was to inform the EE, in writing, that failure to provide medical documentation verifying the need for FMLA leave will result in the leave being denied and any absences being applied to our attendance policy which may result in the termination of employment. Now, if you have some type of medical documentation verifying the need for leave but it is not your standard FMLA form I would take that information and use it to designate the FMLA leave but if you have nothing, you have the right to deny the leave.
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  • LivindonSouthLivindonSouth 1,358 Posts
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    I agree 100% with Linda, except for the fact I know nothing about NY WC laws. In NY can you apply the attendance policy following an industrial accident? If it were not a potential comp situation I would agree....apply the attendance policy, following the letter Linda suggested, and terminate her. (notwithstanding the idiocy of the attorney from Jersey).
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  • marcmarc 3,126 Posts
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    My Spiderman paranoia sensors are tingling here. Why would an attorney advise against filling out FML paperwork?

    Is he/she trying to set the company up for some sort of lawsuit related to the injury?

    Did anyone every put dog s&*t in a paper bag, set it on someone's doorstep, light it on fire, ring the doorbell and run?

    The big payoff was when someone opened the door, saw the fire and stomped on the bag to put it out. Not saying I ever did this, but it was so funny when it happened.

    Perhaps this attorney is doing the same, only the payoff would be some sort of monetary reward? It might be worth a call to counsel to make sure you are not about to stomp on the burning bag.
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  • Balloonman1Balloonman1 253 Posts
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    marc,
    Employee applied for both wc & std.....so sounds like a coin flip I have something wrong...if I can make it wc great if not std.
    Me I would document in writing no fmla paperwork no leave attendance policy will be applied up to and including termination. Then would fire them in a heartbeat when they hit that point.

    FMLA is for their benefit, if they refuse to do their part they suffer the consequences. Now I am not familiar with NY but in MO I would utimately keep them from collecting ttd wc benefits because once fired I always would invoke;: "But for their getting themselves terminated, I would have restricted duty available"...... I had a strong restricted duty program. If you got yourself fired, I was able to really block out most of your benefits.... :-)

    My $0.02 worth.......
    The Balloonman
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