FMLA & Pre-Birth Absences

Compliance, Employee Benefits

I have an employee who is pregnant and due in August. She is having complications with her pregnancy and missing work. I have sent her the FMLA paperwork, however, she has not returned any of it. She indicated that she’s off due to being sick from the pregnancy and has brought in notes from her doctor taking her off of work. Can I designate FMLA even though she hasn’t returned the paperwork?

Employees sometimes mistakenly believe it is up to them to decide when FMLA applies and when it doesn’t. It is really up to the employer to understand when a situation might be FMLA-qualifying and to get the process going. This episode of Comply on the Fly covers what employers need to know. 

Please Note: This podcast and the contents herein do not constitute legal advice. Seek the advice of counsel for any benefit compliance related implementation guidance or strategy.

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