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Khloe called off sick on Monday and has not returned back. Her company has not heard from her but a fellow colleague mentioned that she was in the hospital. Should the company automatically put her on FMLA or should the company attendance policy kick in since she has technically gone AWOL?
Since you have heard from a colleague that Khloe is in the hospital you could either send her an eligibility notice so that you conditionally start the designation process or designate her since she has spent a night in the hospital. Remember in California an employee does not have to actually spend a night in the hospital, if they are formally admitted with the expectation they will remain but are later transferred or discharged without actually staying overnight, they are still considered to be “inpatient.” The benefit of sending a conditional designation notification, instead of a designation notice, would be to determine the length of the stay and to hear directly from Khloe.
Are you familiar with the differences between FMLA/CFRA, FMLA only, and the new CFRA regulation in California? Master managing these multiple medical leaves with and without the transition to ADA/FEHA, and, when one, the other, or both apply concurrently. Do you know how to handle situations like this, even with the new CFRA? Want to become a Medical Leave and Accommodation rockstar but you’re not sure where to start? Nationally recognized HR expert witness, Beth De Lima, and LMS are hosting the Ultimate Guide to California FMLA/CFRA, ADA/FEHA, Pregnancy (PDL), and Workers’ Compensation with Handling Related Performance Management and Harassment, Discrimination and Retaliation Complaints w/without COVID19. We are by HR for HR! Come join our 3 half-days workshop on Medical Leaves and Accommodations June 9-11 from 12-4:30 PST