FMLA Abuse?

marney

I have an employee who has only worked 3 days this month. She has used 6 sick days and some vacation time. She is claiming that this is FMLA covered, I believe that it's for sinus trouble. Is there any recourse an employer can take if they don't think the illness is legitimate? This persons job is to take customer calls all day, if she can drive to the doctor she can surely sit at a desk all day and take phone calls. Advise please!!

LindaS

Does this employee qualify for FMLA leave? Have you provided her with the necessary paperwork? If so, has she returned it? It sounds like you do not have the necessary information to make a determination as to whether the illness qualifies under the law. This would be the first step.

Keep in mind that the employee has 15 days to provide you with the necessary documentation (after you have provided it to her) and unless there is a strong reason why that paperwork is not turned in during that time, you have the right not to honor the request.

Good luck!

marney

She has qualified for this in the past and she has contacted our FMLA administrator. It just seems crazy that for someone who would be sitting at a desk all day taking phone calls that this would qualify. I don't see how. I don't think this is a serious health issue.

Theresa Gegen TX

The FMLA regulations have procedures to challenge a doctor's certification. If the company wants to challenge it, it needs to follow the procedures for a 2nd and 3rd opinion in the regulation (also, the company will have to pick up the costs).

Good Luck!

NaeNae55

I remember having a sinus headache one time that I thought might kill me. It was worse than any migraine I have ever had, though it didn't last nearly as long. I think under those conditions, if I had no one else to drive me to the doctor I would drive myself and just try to hold onto common sense while behind the wheel (being desperate for help makes you take chances sometimes). That doesn't mean I could sit and handle questions and complaints that require finesse and thought for several hours.

That said, I usually work with sinus problems and just tough it out. We have an employee here with serious sinus problems who works most of the time when they are acting up, but has on occassion stayed home.

What I am trying to say (ever so longwindedly) is that you should not assume this employee is taking advantage of the situation. What is curious to me is why she hasn't received help by now from her doctor. Is she actually receiving treatment? I think it's time to review her fmla paperwork and ask some questions.

Good luck!