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FMLA WWYD challenge March 2023

If you would like to test your FMLA mojo, feel free to join in on our new FMLA What Would You Do? challenge. Every now and then we will provide a situation, and ask you what you would do in that situation.

The situations will be presented in the News/Updates area. You will have three calendar weeks to respond. If, for example, a challenge is provided on April 3, you would have until April 24 to respond. Please send your responses to FMLAManagerfeedback@jjkeller.com.

After the due date for responses, we will review them and report back on what all respondents indicated, and provide insight related to the FMLA regulations.

The scene

Meet Jo Employee. Jo works for your company and will be the employee that will present you with FMLA situations. Your mission, should you choose to accept it, is to assess the situation and determine your next actions, choosing from multiple choices.

While your reaction to any given situation will often hinge on all the facts involved, your assessment will be based on only the facts as presented. Relevant facts will not be intentionally hidden.

The challenge is also designed to help with your compliance efforts.

March 2023

What would you do if Jo Employee came into your office and requested a week of FMLA leave for an absence from which she has already returned? You see, about a week ago, Jo told Sully, her supervisor, that she needed some time off to care for her mom, who she had just learned had been involved in a car accident that very morning. This announcement came about two hours after Jo got to work. Being a caring supervisor, Sully told Jo to take the time off she needed.

A week later, when Jo returned to work, Sully told her that her absence would count as attendance points because Jo hadn’t provided the required three-day notice of the leave, as required by company policy. When Jo asked Sully about FMLA leave, Sully told her to talk to you.

Jo is now in your office asking about FMLA for the absence.

What would you do? Which is the BEST answer based on the FMLA regulations?

  1. Tell Jo that, based on company policy, because she did not provide at least three days’ notice of the leave, her one-week absence would be counted as attendance points.
  2. Give Jo the FMLA notices and a certification form, then remind Sully of the FMLA training he had; that FMLA leave may not be counted under no-fault attendance policies.
  3. Tell Jo that you will let her go this time, but the next time she needs time off, she needs to provide at least three days’ notice.
  4. Give Jo an FMLA certification and remind her to return it within 15 days or her absences will be counted as attendance points.

In your response, please include (copy/paste) the scenario, question, and which answer you choose. After the three weeks to submit responses, we will review them and report back with what the regulations indicate would be the best answer.

Have fun and stay tuned!