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Lansdale, PA 19446

Phone: 215-896-3846

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Email: help@rckelly.com

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And Another Thing...
When employees ask for leave, especially for unforeseen circumstances, they don't need to assert their FMLA rights by stating, "I need FMLA leave." In fact, they don't even need to mention FMLA. While employees must provide a general explanation of their reason for leave, it's the employer’s responsibility to identify leave requests that qualify as job-protected FMLA leave. 
If the employee gives enough information to draw a preliminary conclusion that the leave may qualify for FMLA, the employer is considered on notice. That's why it's important for supervisors and office managers to understand the basic element of the Family Medical Leave Act and listen for leave requests that may fall under the FMLA umbrella.

What should Supervisor do?
  1. Notify Human Resources if an employee mentions needing time off for a family emergency for any one of the following reasons
    1. birth & care of newborn (including adoption)
    2. care for a spouse, son, daughter, or parent with a serious health condition
    3. employee is unable to work because of a serious health condition
    4. employee’s spouse, son, daughter, or parent is on active duty or call to active duty status
  2. It is then the responsibility of HR Dept to initiate the FMLA certification process. 
    1. Supervisor need not ask about or get involved in the medical issues of the employee.
  3. Supervisor should continue to record absences per policy and coordinate documentation with the HR department 
  4. If the supervisor has reason to believe that there may be some abuse of FMLA by the employee, they should report that to the HR office. The HR office will then take the appropriate action 
  5. The attached FMLA Quick Fact sheet provides additional detail.
  6. Don’t have an HR office? we can help  -  contact RC kelly Law Associates at (215) 896-3846, or send an email to help@rckelly.com


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