Manager dilemma

memiller

We have a manager who is under medical care for an undiagnosed heart condition & emotional problems. He was hospitalized for 3 days a few months ago and was off work a total of 5 days. I gave him the FMLA paperwork but he did not want to file for it. He used vacation time. He is now missing at least one day/week due to emotional problems and has again used vacation days. Although we are very concerned about his health and have stressed he obtain a second opinion, he has not done so, work must go on. His department is left without supervision and leadership. As an employer, what is our recourse?

Gar

How do you know he is under a doctor's care for the conditions you describe? Be that as it may, it seems to me that as long as he is taking vacation days, there is little you can do untill he is told that future vacation days will not be approved. At that point, since he refuses to supply doctor's notes, he should be viewed as an attendance problem and treated accordingly.

Margaret Morford

I do think that you need to get some legal advice ASAP. Here are some practical suggestions for you to consider. I certainly think that you want to be certifying him for FMLA so that his 12 weeks begins to run. If your company's FMLA policy doesn't require that people run out their sick and vacation banks while on FMLA leave, you should consider changing it immediately. I am assuming that your vacation policy requires that he get approval. Tell him that he must be certified to get that vacation time approved. If you want to discuss further, call me at 615-371-8200.

Margaret Morford
theHRedge

dhnyct

Does the manager understand FMLA and intermittent leave? Maybe he's afraid of losing his job after the twelve weeks, or possibly before if he is a "key employee".

Brings up a question...If employer chooses to designate FMLA, can the employee decline?

Lois

Not as I understand it. Our policy states that we will designate any qualifying leave as FML. It also states that employees can use paid leave while on FML if they want. Our employees are able to accrue hundreds of hours of sick and vacation leave--the use of which will continue insurance coverage, regardless of FMLA. Consequently, employees who are using paid leave would prefer to save the FML designation to later in their illness when they can use it to continue their insurance coverage while on leave without pay. However, we tell them that's tough--the leave has been appropriately designated as FML in accordance with the FMLA and our policy.