Making Exceptions to the Rules

maryfmurray

In my agency we have a PD who each month takes off three to five days planned depending on when she decides to pick the dates to take off. Her time off is because she is having her "period". She is unable to work. Prior to these "days off" she will send out a memo to everyone this effects and informs them why she is at home. Low and behold, being the Personnel Manager,I am not on her list of people to inform. My question to all of you should I be requesting some form of medical documentation from this employee stating why she cannot perform her job each month for the same reason? Also, should I be crediting these hours under FMLA? I am new to this agency and it is apparent that she has been doing this for sometime and the ED has allowed it. He has a huge problem with the word "No". My ED believes in making exceptions to all rules regardless of what they are.

Any suggestions,ideas or comments will be helpful.

Thanks!

Don D

If an employee is missing work to the extent your employee is, due to stated illness, she should be given the FMLA paperwork. It sounds like to me that she has wallowed out quite a rut for herself, as we would say in the South. No matter what you do with the FMLA, it appears she has a long standing right of passage to time off each month during her period. She probably parks in the same spot everyday too and nobody messes with her stuff in the breakroom.

Mentel

We have a policy that if you are off for three or more days, you must have a doctors release to return. YOU NEED THIS POLICY. I would give her the physician's statement for FMLA and see what the doctor says. She could be milking it. If she is missing three to five days per month, she is off sick for 40 - 50 days per year. This is unacceptable. Either she is on FMLA or she should be gone.

Rockie

You definitely need FMLA paperwork for this. My thoughts are that this is probably just an excuse to take this time off every month. It's rare for this to happen every single month as there is medication made for this type stuff. If she is incapacitated to this extent every single month, maybe she and her physician should look at other options to remedy her problem. Regardless, you need her physician's certification that it's necessary for her to take this time off every month.

njjel

I'm assuming you have no policy governing this correct? This COULD possibly qualify for FMLA leave depending on the severity of the problem. Therefore I would give her the FMLA paperwork next time this occurs. You can explain to upper management that they are in violation of the regulation if they do not place her on FMLA leave. Good luck.

Nat

[font size="1" color="#FF0000"]LAST EDITED ON 06-10-03 AT 01:57PM (CST)[/font][p]There could be a serious health condition related to her period that causes her to need intermittent leave, HOWEVER, I would definitely require that she submit the FMLA paperwork. With about a 90% female workforce, we will be in BIG trouble if a normal period ends up covered under FMLA. #0

gillian2

What you can get away with depends on the Exec. Director. If this person can't say no and changes the rules all the time that is what you will live with unless you can convince him otherwise. Maybe you should have a discussion with the ED as a starter.

pecohr

Wow! what a precedent to set at your company... what would you do if the rest of your female staff started doing the same thing. You wouldn't be able to tell them no because you've established that it's OK in your workplace. It would be a scheduling nightmare. I agree with the other posters give her the FMLA paperwork and hope the doctor doesn't see this as a serious health condition.

LFernandes

I agreed give her FMLA paperwork - ASAP (don't wait until the next occurance), have her doctor provide you with a Medical Certification and let her know the circumstances if she fails to provide it to you. If the paperwork comes back incomplete provide her with a reasonable opportunity to correct it. Under Section 825.307 (2) of the FMLA regs, an employer who has reason to doubt the validity of a medical certification may require the employee to obtain a second opinion at tht employer's expense. Make sure that the certification indicated that intermittent leave is needed.

We also have a policy that requires a return to work note after 3 days. If no note, no return.

You may also be able to get her on performance - if she's not there who is doing her work for her? Is it causing an undue burden on the rest of the department?

One last thing - I would let her know that she doesn't need to notify everyone in the company that she is going out because she has her period. Tell her that only those with a need to know, i.e.; her boss and HR, should be notified.

Just my thoughts and opinion. Good luck!


LFernandes

LeeR

I agree with having her do the FMLA paperwork. I might also inform her that a Memo stating when she will be out of the office is sufficient and that her exact medical reason is her private business and should not be disclosed to other employees.