Imagine an employee, let’s call her Maria, who works at a mid-sized marketing firm. Maria has been a reliable employee for several years but suddenly suffers a severe asthma attack and is admitted to the hospital for a few days. Her supervisor, Tom, learns about her hospitalization through a phone call Maria makes from the hospital the day after her admission. During the call, Maria informs Tom that she expects to be in the hospital for a few days and will keep him updated on her condition. She does not mention FMLA leave during the conversation. What is the employer’s obligation in this case? Offer FMLA or wait for the employee to request it?
Employer’s Obligation: Under FMLA regulations, the employer has certain obligations once it becomes apparent that an employee’s absence might qualify for FMLA leave, regardless of whether the employee has explicitly mentioned or requested FMLA leave.
- Recognizing the FMLA Need: Tom, Maria’s supervisor, should recognize that a multi-day hospital stay likely qualifies as a serious health condition under FMLA. Given this recognition, he has an obligation to initiate the FMLA leave process. Tom needs to inform HR or the FMLA coordinator about Maria’s FMLA qualifying event.
- Notice of Eligibility and Rights & Responsibilities: Within five business days of Maria’s call (let’s say she calls on a Monday), HR must ensure that Maria is provided with a Notice of Eligibility and Rights & Responsibilities. This document informs her about her eligibility for FMLA leave based on the information the employer has at the time (her tenure and hours worked), outlines her rights under the FMLA, and details any obligations she might have, such as providing a medical certification.
- Medical Certification Request: Along with the Notice of Eligibility, Maria should receive a request for a medical certification that must be completed by her healthcare provider. Maria should be given at least 15 calendar days to provide this certification to validate her need for FMLA leave.
- FMLA Designation Notice: Once HR receives the medical certification from Maria (assuming it confirms her condition qualifies for FMLA protection), he must provide her with a Designation Notice within five business days. This notice will officially inform Maria that her leave has been designated as FMLA leave.
Explanation: The scenario underscores the employer’s proactive role in administering FMLA, emphasizing that FMLA obligations are triggered by the employer’s knowledge of a potential FMLA-qualifying event, not necessarily by an employee’s request.
It highlights the importance of timely communication and adherence to FMLA timelines to ensure compliance and protect both the employee’s and employer’s rights and responsibilities under the law.
This proactive approach helps in managing the leave appropriately, supporting the employee’s rights, and maintaining compliance with federal regulations.
