I’ll try and make this quick and to the point…….I screwed up! I had completed the Employer Response to Employee presumptuously and this employee has not worked for us for a year. Technically, he is not eligible for FMLA. However, he has seen the approved form (don’t think he has a copy of it). My question is……am I able to shorten the length of the FMLA time to maybe 6 weeks instead of 12, since he really isn’t eligible at all for this? I know……VERY STICKY situation since I’ve already approved. HELP!!!
I’m happy you’ve admitted to your own screw up and not blamed anyone else. So sorry that you will never be in senior management.
Anyway, here are my usual disclaimers. I am not a lawyer. I am not an FMLA expert. I’m not even employed.
But, I think this is a case where you say, “Bob, when I filled out the paperwork previously, I forgot that you hadn’t been with us one year yet. To be eligible for FMLA, you have to have worked here for at least a year. Therefore we can’t grant you FMLA.”
Over and done.
Now, not all leaves have to fall under FMLA. Surely you have a leave policy for non FMLA leaves? (Tell me you have a policy. It would warm my little evil heart.) Grant him whatever leave he would be eligible under that policy.
If you have no policy, you can do whatever you want, as long as you are consistent and fair. You can grant 6 weeks, or 12, or 26 or whatever. Just make it clear that this is a leave of absence that is not subject to the rules of FMLA. If you continue to carry his insurance during the leave, it’s doubtful he’ll care about the difference.