FMLA Abuse

DKH

What can an employer do if they suspect abuse of an approved FMLA claim? I have a current claim where an employee is approved for Intermittent FMLA, basically as medically necessary, but is claiming FMLA when she is tardy, for 1 minute, 10 minutes, etc. Is there anything I can do, or is she protected no matter what??? Thank you!

Don D

Intermittent FMLA is an agreed upon arrangement requiring the employer's approval. An employee doesn't have a 'right' to 'claim' FMLA for odd occurances such as tardiness. If the arrangement calls for the employee to be late for work that's one thing. Being tardy and expecting you to go along with a claim of FMLA for being late is quite another. We recently had an employee on intermittent due to his wife's condition. The intermittent situation with our approval allowed periodic absences that often couldn't be anticipated and occasionally a tardy; however, this was all known upfront. Unless there's some medical necessity for the occasional tardiness backed up by the doctor's FMLA statement, I'd subject her to the normal attendance policy for those situations. I always bend over backwards in giving the benefit of the doubt to 'whatever makes sense' but when it doesn't, it doesn't.

Janet

Check out the DOL regs on FMLA--section 825.308. In cases where the employer has reason to doubt the EE's stated reason for absence, a recertification may be requested. Depending on the EE's stated reason for needing FMLA, tardiness may (or may not) make sense, or be known in advance. It's a pain to pursue these, but lets other EE's know that the company won't tolerate FMLA abuse.