During the first phone call, an employer should determine if FMLA is in play from what the employee communicates about his or her medical condition. The ordinary common cold or even the flu typically do not trigger FMLA. Employers should take note of absences that last longer than 3 consecutive days and require doctor’s visits or absences that result from a chronic serious health condition, such as a migraine headache or chronic back pain. These medical conditions often trigger the FMLA process and require the employer to provide the employee adequate notice and a medical certification form. If employers sense a more serious medical condition, then they should ask those questions that I mentioned earlier to help better understand whether the employee is receiving medical care for that medical condition and needs FMLA leave.
