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Intermittent FMLA
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Intermittent FMLA
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I have an employee who is out on Intermittent FMLA since June 2011. She is clearly abusing it we feel. Takes 2 days off each time in order having to avoid bring in a doctor's note. Recently she has be
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Intermittent FMLA
posted at 5/7/2012 10:45 AM EDT
on Workforce Management
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Posts: 13
First: 2/21/2012 Last: 7/9/2012 |
I have an employee who is out on Intermittent FMLA since June 2011. She is clearly abusing it we feel. Takes 2 days off each time in order having to avoid bring in a doctor's note. Recently she has been taking 5 and 6 days off but returned with Doctor's note. My question is how many days is she entitled for leave. 12 weeks = 84 intermittent days or 12 weeks = 60 working days. When employees ask for FMLA and take it uninterrupted they get 84 days which includes weekends off, so really only 60 working days. Are we wrong in the way we apply the law?? I want to make sure before we call the person in. Any suggestions to help curb this abuse will be helpful. We are having her re-certify on a monthly basis now. |
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Re: Intermittent FMLA
posted at 5/7/2012 2:20 PM EDT
on Workforce Management
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Posts: 144
First: 9/21/2011 Last: 2/8/2013 |
FMLA goes by hours....12 weeks for a normal 40 hour per week employee would be 480 working hours. If the employee works a varied schedule there is a way to calculate how many hours they would be eligible for. You can not force the employee to take off more time than needed though. And you can only require recertification once every 6 months. If the need for leave does not match what is on her certification forms, you can ask for more information. Unfortunately FMLA leave abuse is very hard to catch and often there are no consequences for it, because the employer bears so much of the risk for retaliation. I am going to post some info that was put together by an HR friend on another forum about intermittent leaves: As for intermittent leave:
It is unlikely the position qualifies for an exemption from intermittent leave so in cases with intermittent leave:
You can also consider the properly assessing production and discipline issues for all employees. Often, employers are afraid to address these issues with ALL employees. When you avoid disciplining employees you impact your ability to handles these issues too. Employees on FMLA are not suddenly immune from discipline but if you have not disciplined others it appears to be retaliation. |
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Re: Intermittent FMLA
posted at 5/9/2012 12:03 PM EDT
on Workforce Management
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Posts: 174
First: 9/20/2011 Last: 2/11/2013 |
In Response to Re: Intermittent FMLA: Thank you rrupert. We are doing all of the above. We are also debating whether or not to send the employee to an IME for evaluation. Posted by evabraham So the production throughput and quality is as it should be when the employee is on the job? |
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Re: Intermittent FMLA
posted at 5/16/2012 11:02 AM EDT
on Workforce Management
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Posts: 13
First: 2/21/2012 Last: 7/9/2012 |
In Response to Re: Intermittent FMLA: In Response to Re: Intermittent FMLA : So the production throughput and quality is as it should be when the employee is on the job? Posted by howard7 Howard, That is a good question. Quality and quantity has definitely declined but as my Manager says - I do not want to see the company name in the newsletters as an example of how not to mess with FMLA. Unfortunately this has not been documented so far and starting to documenting it now will look like we are looking for reasons to get rid of her. Major issues are being documented however and there havent been enough of those to justify termination as we do give second, third and fourth chances to all employees. Liz |
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Re: Intermittent FMLA
posted at 5/18/2012 12:46 AM EDT
on Workforce Management
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Posts: 10
First: 10/22/2011 Last: 1/17/2013 |
In Response to Re: Intermittent FMLA: In Response to Re: Intermittent FMLA : Howard, That is a good question. Quality and quantity has definitely declined but as my Manager says - I do not want to see the company name in the newsletters as an example of how not to mess with FMLA. Unfortunately this has not been documented so far and starting to documenting it now will look like we are looking for reasons to get rid of her. Major issues are being documented however and there havent been enough of those to justify termination as we do give second, third and fourth chances to all employees. Liz Posted by evabraham Has quality really declined, or is it possible that this is a perception of a manager who is unhappy with the employee? There need to be some objective measures, and decline should be documented. Has there been any exploration of reasonable accommodations? Perhaps some changes would allow this employee to return to previous levels if, indeed, production really has fallen. Can coworkers be working to undermine this employee because they (and you) rather clearly don't believe that this employee is really ill, and that is why quantity has fallen? Why do you assume that this employee is taking just two days at a time to avoid having to see a doctor? Is there any evidence of that? Is it possible that s/he is trying to minimize time away to reduce disruption for the employer? Perhaps it is time to explore the story you are telling yourselves about this employee and use Crucial Conversations tools to validate perceptions. There are many illnesses that leave the victim looking perfectly healthy while destroying them from within. For many people, fatigue requires a bit of rest, and a day or two can be enough. The danger of an IME is that many ignorant doctors quite simply "don't believe in" these illnesses, and while that may satisfy the employer, things could get ugly down the road. I know many people who have these invisible illnesses, and the lengths they go to to remain employed are amazing. Many will go to work, work the best they can, then come home and go to sleep until time to start all over again. They try very hard to continue to do the excellent work they used to and help the employer. Too often, management starts resenting their time away and actively undermines them, often with the eager assistance of coworkers, The result is a lose-lose situation. The employer loses a valuable employee who is going the extra hundred miles, and the employee loses their source of health insurance, self-esteem, and best reason to get out of bed in the morning. And some times, the employer gains a lawsuit, with all the attendant expense and publicity. |
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Re: Intermittent FMLA
posted at 5/18/2012 9:50 AM EDT
on Workforce Management
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Posts: 173
First: 9/29/2011 Last: 2/11/2013 |
slccom: I don't think I'm reading eva's original post the way you are. For one thing, eva states that the employee takes 2 days to avoid having to bring in a doctor's note; not, as you assert, to avoid seeing a doctor [apparently, eva's company has a policy, as do many, that absences of 3 consecutive days require a doctor's excuse]. While it's possible that the employee is truly ill, it's also quite possible that the employee is indeed abusing FMLA. It happens. If the employer suspects abuse of FMLA, the employer is perfectly within its rights to request another medical opinion. |
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Re: Intermittent FMLA
posted at 5/18/2012 1:59 PM EDT
on Workforce Management
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Posts: 10
First: 10/22/2011 Last: 1/17/2013 |
In Response to Re: Intermittent FMLA: slccom: I don't think I'm reading eva's original post the way you are. For one thing, eva states that the employee takes 2 days to avoid having to bring in a doctor's note; not, as you assert, to avoid seeing a doctor [apparently, eva's company has a policy, as do many, that absences of 3 consecutive days require a doctor's excuse]. While it's possible that the employee is truly ill, it's also quite possible that the employee is indeed abusing FMLA. It happens. If the employer suspects abuse of FMLA, the employer is perfectly within its rights to request another medical opinion. Posted by nork4 It does not appear to me that Eva's company has explored the possibility that the employee is indeed ill, either. I realize that abuse happens. It is always a good idea to take a long look in the mirror before making assumptions which are usually if not wholly wrong, at least partly wrong. |
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Re: Intermittent FMLA
posted at 5/18/2012 2:10 PM EDT
on Workforce Management
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Posts: 13
First: 2/21/2012 Last: 7/9/2012 |
In answer to SLCOM and NORK4: Here are the facts: |
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