FMLA Extension

reh

Had a male employee out on leave for the birth of his child. He filled out the necessary paperwork and was approved for the requested 4 weeks. On the Sunday night before he was to return on Monday, he left message that he was extending his leave for another week. Of course the plant location is just now bringing this to my attention. Any thoughts?

Don D

I'm afraid that he has the guaranteed 12 weeks if he meets all the requirements. But, I would dress him down pretty sternly about the need to coordinate his personal needs with the company's schedule and needs.

LindaS

Actually I think you may have been able to deny his request. The FMLA regulations allow the employer to require the EE to schedule forseeable leave so that it does not unduly disrupt their operations. Because the birth of the child is something that is known well in advance, you had every right to sit him down and schedule it in advance. You also have the right to deny additional leave as long as you follow your policies regarding the scheduling of time off.

For example, if your policy states that time off must be scheduled at least two days in advance, you could have denied his request as he was not following your guidelines.

I have actually denied employee's request for leave due to the birth of the child if it is not scheduled at least two days in advance (in accordance with our policy) and have had the support of our attorney in doing so.

mushroomHR

Linda: How can someone schedule leave in advance for the birth of a child? They can give you an approximate date for leave but to ask for a two-day notice? What if the baby is late or early? Are you denying their time off because of this? That seems a little cold-hearted to do that. We ask for an approximate date and then begin their leave when the baby is born. Sometimes you just can't plan to have a baby on a certain day.

marc

Seems like the extension is now a fait accompli.

There are some good reasons to hold the line with respect to preventing abuse of FML, but this EE could have easily requested 12 weeks instead of 4. Anyone who has a newborn in the house can tell you that the reality of his/her appearance will often belie the best laid plans for that appearance.

I am a stickler in some areas, but not this one. I say let it slide with no more than a gentle reminder that your plant needs notice when possible so it can plan around EE absences. After all, this is a valid FML event, it's not like the guy is trying to work your company for something he is not entitled to by law.

If this somehow blows up and gets to be a mountain and you find yourself in front of a jury panel, they will ask themselves if you behaved reasonably as a company ...

Don D

Linda: You can fart around with the regs and make the ee jump through a meaningless hoop or two with your "two day advance notice" idea; but, in the long run, he gets the additional leave. Why put yourself through the exercise? He is going to get what he is entitled to. I would spend my time on something else other than fighting this obvious case of entitlement.

LindaS

Thanks for the feedback but I forgot one important point, here in WI an EE is eligible for INTERMITTENT FMLA leave for the birth of the child. They receive up to six weeks of this leave within 16 weeks of the birth. So while I agree with the posts regarding the entitlement of the leave, I was addressing the abuse of the intermittent portion we ERs here in WI have to deal with. In those instances, requiring the advance scheduling of the leave makes for alot less headaches for us.

Don D

Aha...that is another twist. The federal law requires the employee to have the concurrence of the employer for intermittent; but, since federal law doesn't suggest intermittent for maternity, it would, I assume, be controlled by state rules.

PS: I've heard of road-rage, but deer-stand rage??