Injured While AWOL

Laura_L

We have an associate whose request for a day off on a Friday was turned down. He took the day regardless and left a message after hours that night that he had injured his back and needed a leave of absence.

The supervisor wants to treat this as an unexcused absence and terminate the employee under our absence policy given that this was his third occurrence of no call/no show but I'm concerned that his injury may be protected under FMLA. Any suggestions?

Gar

It seems to me you can terminate employment (AWOL and insubordination). The FMLA does not provide immunity from disciplinary action. But, depending on the severity of the injury, be prepared for an ADA (Americans with Disabilities Act) fight that you can probably win.

System

Is he saying that his injury caused his absence on Friday? In other words, was he injured before the start of work Friday? If yes, you should consider whether it's FMLA. Sounds like a good time to require a doctor's certification.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Gar

James makes a good point. I assumed the employee took the time off then injured his back. If the time off is the result of the back injury, you should ask for a health care certification.

Laura_L

This individual is claiming he hurt his back moving over the weekend. He wanted Friday off to get a start on the move but was turned down because five people in his field office were already scheduled off that day. He took the day anyway and sometime over the weekend threw out his back. He called in on Monday and said he would be out at least through the end of this week but could provide a doctor's excuse.

Gar

Since such is the case, he was insubordinate and AWOL and should be dealt with accordingly.

System

Ditto what Gar said.

James Sokolowski
Senior Editor
M. Lee Smith Publishers