I have an administrator who has been out for 4 days to care for her husband. She has not submitted any type of documentation from a doctor for this. Our School Board Policy is vague. Is there a certain number before FMLA paper has to be given?

I am a school treasurer. I have a concern about an administrator who is abusing sick leave.

1 answer  |  asked May 25, 2017 2:24 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
To trigger coverage by the FMLA, an employee only need notify her employer of circumstances from which an employer could surmise that the FMLA might cover the absence. In this case, being out for four days to care for a spouse should be sufficient to put the school district on notice that her absence might be covered by the FMLA.

At that point, the school district should determine whether the FMLA covers it and, if so, whether the employee is eligible (that is, did she work more than a year and more than 1,250 hours during the last year). If so, the school should notify the employee that she may be covered, and it can ask her for a certification from her healthcare provide to find out if the reasons for the leave qualify for FMLA coverage as well.

The form to use is https://www.dol.gov/whd/forms/WH-380-F.pdf

This is a very general answer and provides only general information. You should not rely on it as legal advice. Every situation is different, and medical conditions affect numerous other workplace laws. If you have further questions, or would like advice specific to you situation, call me at 330.665.5745.

posted by Neil Klingshirn  |  May 25, 2017 2:37 PM [EST]

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