FMLA-Can you require California

[law10_9]

I have an employee who recently had a baby. We provided him 2 weeks paid paternity leave and the paperwork for FMLA. He took the paternity leave but never filled out the FMLA paperwork. The child has had several medical issues since and my employee has been out for stretches of 3-5 days each time. He currently has benefit time available to cover this, but will be out shortly. Can I 'force' him to file for FMLA? And if he doesn't file, and continues this pattern due to his childs illnesses can I proceed with disciplinary action? Thank you.

[Pattymd]

You can't force him. You can provisionally designate the time as FMLA, give him the paperwork, and require that it be back within 15 days. If he doesn't get it back, then yes, his absences can be held against him; make sure he knows that.