We have an employee who has a medical condition which has resulted in numerous absenses over the past 2 years.  This has lead to numerous reprimands for poor attendance.  This employee reached the last step (Final Warning) for attendance in March of this year.  This past weekend, she missed two more days which has placed her over the limit for allowed absences.  Management wants to terminate the employee for excessive absenteeism, but we all know that these absences WOULD be covered by intermittent FMLA.  However, the employee has never applied for such leave due to ignorance of the FMLA guidelines. 

Questions:  Considering we are fully aware this employee's illness would qualify as intermittent FMLA, what obligation, if any, does the employer have to inform this employee that she is eligible for intermittent FMLA leave due to this recurring illness?  What considerations should be made IF the employee request FMLA after termination? 

The employer has the obligation to notify the employee that this illness and subsequent absences could qualify for FMLA.  Even though you are pretty sure this would qualify, until you get the documentation from the employee then I wouldn't say it does qualify.  I would use the words could.  Once you give the employee the instructions and forms, it is now up to the employee to return them all to you within the appropriate timeframe.  I would NOT terminate this employee.  I would start the FMLA process right now, and start the clock rolling with the last two days that the employee missed.

IT HR:

The employer has the obligation to notify the employee that this illness and subsequent absences could qualify for FMLA.  Even though you are pretty sure this would qualify, until you get the documentation from the employee then I wouldn't say it does qualify.  I would use the words could.  Once you give the employee the instructions and forms, it is now up to the employee to return them all to you within the appropriate timeframe.  I would NOT terminate this employee.  I would start the FMLA process right now, and start the clock rolling with the last two days that the employee missed.

  +1

I would also consider expunging the other written warnings from the employee's file.

FMLA places a burden on the employer to educate the employee.

I would expunge the other written warnings from the employee's file. All of them related to absences that you think could have fallen under FMLA.  TX and IT are dead on. The ee may have a loaded gun don't give the ee the bullets, metaphorically speaking of course.

TX I appreciated the +1 on the other post. Thanks.

cappy:

TX I appreciated the +1 on the other post. Thanks.

Even though, as HR Professionals, we all know that everything we see on the Internet is true, I think it's helpful sometimes for OP to see "general consensus".  We're here to help, right?

TXHRGuy:

 

Even though, as HR Professionals, we all know that everything we see on the Internet is true, I think it's helpful sometimes for OP to see "general consensus".  We're here to help, right?

Absolutely!