Blog Post

FMLA and Employer versus Employee Notification

If an employer is aware that one of their employees has a serious medical condition, and that employee is FMLA eligible, should the employer provide that employee with FMLA certification paperwork or let the employee request it?  The answer: the employer should provide the employee with the required certification paperwork.

If the employee in question has been employed  by a company for a minimum of 12 months and has worked a minimum of 1,250 hours in the past year, the employer can automatically provide FMLA paperwork to the employee.  It will then be the employee’s choice as to whether or not to get the eligible FMLA leave certified in order to access the time available.  Sometimes FMLA leave issues can get tricky if employees have already used their sick time, have attendance problems, or if there are any ADA considerations that run concurrent to FMLA.  We can provide further guidance on this matter if needed.

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