Communication is vital in all aspects of FMLA, from determining eligibility to "serious medical condition" certification
If the answer is yes to the FMLA eligibility questions, give them the FMLA certification forms. They have 15 days to respond
FMLA guidelines say that certification must be provided within fifteen days after it��s requested. When companies make their requests for certification, tell the employee that the leave, assuming it looks legitimate, that the leave is conditionally going to be granted upon receipt of the information and if the information is not received, then the leave won��t be considered FMLA leave and it will be dealt with through whatever other mechanisms the company feels is appropriate. You don��t want to get bogged down, particularly on the 15 day rule, because we��re talking about substantive rights of employees and courts generally will favor substance over form. That��s not to say that the employee does not have certain serious obligations under FMLA guidelines before they qualify for these leaves. But generally, particularly, at the begi nning of a leave, alright your conditionally on FMLA leave, we can always deal with it later. If it doesn��t work, tell employees that they have their fifteen days to get it in and after fifteen days, if we don��t have the information, we are going to be inclined to deny the leave, unless there is a good reason why we don��t.
Asking triggers the FMLA eligibility questions. You have 5 days to respond.
Check your HR files to make sure they have worked 1,250 hours in the past 12 months, they have 12 months of work in the last 7 years, and your comapny has 50 employees in a 75 mile radius
An employee starts the process by asking for FMLA leave.
FMLA guidelines do not require that an employee says any particular words when asking for FMLA leave. It��s important to realize that the burden is always on the employer to try to determine whether or not the leave requested is one for which an FMLA leave should be granted.
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