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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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Forums » Topic Forums » Legal Forum » Intermittent FMLA
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Re: Intermittent FMLA
posted at 5/18/2012 7:44 PM EDT
on Workforce Management
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Posts: 9
First: 10/22/2011 Last: 9/8/2012 |
In Response to Re: Intermittent FMLA: In answer to SLCOM and NORK4: Here are the facts: a. She is in school. She did ask to be transferred to 2nd shift about 6 months ago and request was denied due to lack of work. b. We know her class schedule c. We know she has been in class (since she is attending school with a coworkers wife) d. We do have a policy that requires a doctor's note after 3 days of absence. e. Her performance has deteriorated and is being documented - too many returns and/or not passing quality testing (she was an excellent worker in the past). Given these facts we are planning to confront her and to get a 2nd opinion on her condition (migraine) and if required on a mutually agreed 3rd opinion which I understand is binding. Posted by evabraham Sure sounds like abuse to me, too. Thanks for the additional info. |
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Re: Intermittent FMLA
posted at 5/30/2012 1:49 PM EDT
on Workforce Management
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Posts: 2
First: 9/22/2011 Last: 5/30/2012 |
In Response to Re: Intermittent FMLA: In Response to Re: Intermittent FMLA : Sure sounds like abuse to me, too. Thanks for the additional info. Posted by slccom I've had a migraine or two in my time (never used FMLA for them). My migraine could happen suddenly, last for 2-6 hours then go away leaving me perfectly able to do anything I want after it is gone. If I had a migraine on a Monday morning sometimes I would be able to report to work in the afternoon sometimes not. I've never had one two days in a row though. The point is, if she had a tendency to having morning migraines, they could possibly go away later in the day by the time she has a class so I don't think that is an indication that she is abusing FMLA. I believe you should talk to her, tell her that you have noticed that she is taking off 2 days at a time, still continuing to attend her classes, and it has become a pattern and you are concerned that her work quality is suffering. Does she have any suggestions on improving her work quality??? That way she is the one who would be trying to figure a way to correct the situation. |
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Re: Intermittent FMLA
posted at 5/30/2012 2:04 PM EDT
on Workforce Management
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Posts: 1
First: 5/30/2012 Last: 5/30/2012 |
Go back to the medical certification and check what it says about absences from work. If it doesn't, and you believe that the employee has taken more time than necessary, then address it with the employee. Ask the employee for an updated med cert. If the new med cert does not address all the absences that you are seeing, then you can focus on coaching her attendance. |
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Re: Intermittent FMLA
posted at 5/30/2012 2:06 PM EDT
on Workforce Management
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Posts: 1
First: 5/30/2012 Last: 5/30/2012 |
In Response to Intermittent FMLA: 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. Posted by evabraham When recertifying, I would furnish the health care provider with a record of the employee's absences and ask the health care provider specifically to comment as to whether the serious health condition and the need for leave are consistent with her attendance pattern. This tends to stir things up a bit and it helps in previous abuse cases I have had. |
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Re: Intermittent FMLA
posted at 5/30/2012 4:04 PM EDT
on Workforce Management
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Posts: 2
First: 11/29/2011 Last: 5/30/2012 |
In Response to Re: Intermittent FMLA: In Response to Re: Intermittent FMLA : 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. Posted by slccom This is an excellent response that I think should be considered by all employers who have employees on intermittent FMLA. I was on FMLA intermittently, and the behavior from my supervisors was quite ugly. Prior to completing out the paperwork, one manager told me, "look, if you want to come in as you please then just go fill out an application for FMLA!" I was appalled!! I knew then he thought individuals that use FMLA are automatically using it for vacation, not recognizing the serious health issues that are there. I don't know about the employee the original poster is referring to but when I was at work, I worked hard! When I had to leave, I had to leave. The medication I took would work in 15 minutes or less and I couldn't drive. At any rate, the supervisor made it as difficult for me while I was at work which added to my health issues. I honestly believe he thought that I was trying to take advantage of the system and would go out of his way to make things difficult. Just short of having him talk to my doctor or read the paperwork, there was nothing I could do to ensure him that I was not well at all times. I was in my early 30s and looked fine until the illness hit. I know there are people who do take advantage of this benefit but things are not always what they seem with regard to health issues. I don't know if there is a class or webinar for managers/supervisors to take for FMLA biases but that would be a good idea for many companies. |
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Re: Intermittent FMLA
posted at 5/30/2012 5:38 PM EDT
on Workforce Management
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Posts: 2
First: 2/7/2012 Last: 5/30/2012 |
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 ] Ask for a recertification and ask the dr to confirm that her absences are consistent for the need for leave. Provide an attendance calendar. |
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