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re: HR Question

Posted on 5/15/15 at 6:43 pm to
Posted by kaaj24
Dallas
Member since Jan 2010
644 posts
Posted on 5/15/15 at 6:43 pm to
Appreciate everyone's responses.

Do you work for a government position? - No

Is your company a private company with 50+ employees? we're a very large employer 10,000+

Has this employee been employed for 365+ days? Yes

Has this employee worked at least 1,250 hours in those 12 complete months? Yes

What, exactly, did the Corrective Action form say? Did it say FinL Warning? Finally Warning for that issue specifically or for any further infraction at all? Basically, further unprofessional behavior will result in immediate termination

How mAny days did the employee no call no show before providing medical information? 3

Has the employee requested and completed the FMLA form & Dr certification? No, didn't know about this. I will ask our HR group.

Did your company request the employee complete the FMLA request & Dr certification? No, didn't know about this. I will ask our HR group.

Any advice is appreciated.
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
33831 posts
Posted on 5/15/15 at 11:14 pm to
Speak to your HR department immediately to find out if FMLA paperwork was offered to the employee or if it applies.

Make sure HR knows the employee no called no showed for 3 days before claiming illness. Most employers have a policy listed in their EE handbook stating 3 days no call no show is assumed as a resignation effective the end of the 3rd day. That would be before the EE mentioned a health concern.

Do not speak to the EE again as it can get legally dicey until it's sorted out. Request that HR speak to the employee about his NCNS/resignation (if applicable) and his subsequent health claim. Let them deal with the employer FMLA notice responsibility as they know your company policy on notification.

Basically, make sure HR knows all details and let them make the call on FMLA eligibility as they know what precedent has been set by previous cases. It's good that you didn't just forget about this and move on.

ETA: Don't ask about a Dr note as that assumes the EE is still employed and HR needs to decide if they will handle this as a resignation or FMLA request. If EE calls you before you hear back from HR, say you are busy, take a message and have HR call him back to discuss his situation.
This post was edited on 5/15/15 at 11:19 pm
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