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Employee refuses FMLA! South Dakota

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  • #16
    Workhorse, please remember that most of us responding here are also responsible for designating FMLA, and in some cases have been doing it ever since it was signed into law. We are aware of the pitfalls; we are also aware that FMLA is very much an employee-oriented law and it's much more likely that an employer will be penalized for not designating FMLA than they will for not having proper documentation.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #17
      Fmla

      I'm not sure how you can be certain the FMLA leave request is valid without proper documentation. I am currently tracking over 20 employees who are on FMLA leave, it's difficult for my company to cover the shifts with so many people missing. It makes sense that employees are required to submit the proper documentation to prove that they qualify for FMLA.

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      • #18
        The point is that you're better off occasionally approving something that doesn't qualify, than you are denying something that does. You can always use tentative approval and withdraw it if you find something really doesn't meet the requirements. But which do you think the DOL is going to go easier on you for; granting protection when you really didn't need to, or denying protection when you did?
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #19
          Fmla

          I never said anything about denying FMLA. All I said was that the employee needs to provide proper documentation.

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          • #20
            Yes but you can't force them to do so. You can't march them to the doctor and insist they get the forms completed. When you hit a stalemate, your options are to use the knowledge you do have to designatte the leave as FMLA or take your chances denying it because they didn't turn in a piece of paper. Before going the denial route, I'd want my legal counsel on board.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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