re: HR Question

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.