Excuses for FMLA

nohr4u1yr

I have an employee that called in yesterday stating she won't be in and it is FMLA related. Based on her doctor's statement she is to call him immediately if her conditions persists.

Her work performance is unsatisfactory (but we are documenting and counseling her on that)

Here's my question...I asked her this morning if she had a doctor's note and she stated that while she was on her way to the doctor her car gave her problems so she didn't go to the appt. and went home. How do I track this since she took off the whole day and gave me the above excuse?

Thank you! I hope you all are having a great day!

LivindonSouth

Based on what you say, I think her intermittent approval should be conditioned on her following doctor's orders, which include seeing him if she becomes ill.

On the other hand, she cannot be considered on intermittent leave if her physician implies her condition might not persist, but, if it does she should contact him.

I think you have been used, as we all have. If nothing else, I would insist on recertification. Your case meets the definition of when that can be done.




Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

LindaS

Based on your post I'm assuming that you require all individuals who call in sick to return with a doctor's note. If that is the case, I would not permit her to work today until she receives a note from her physician verifying that she should have been off work yesterday and is okay to return today. If you receive the certification, count it as FMLA. If she doesn't, utilize your attendance policy. If you do NOT require all individuals who call in sick to return with a doctor's slip, you cannot require that of this individual and you are stuck.

nohr4u1yr

Don, I know that I have been "used" (I feel so cheap) and I do recertify my employees. I just sent her the recert paperwork. But, how do I track yesterday since she was not here all day?

Tiffany provided the information regarding she couldn't make her "doctor's appt" because of her car. Which I also feel is a bunch of bull.

What is so sad is that people that "really" need protection are blind-sided by those they work the system.

Oh well...just another day in paradise... :~~

LivindonSouth

I guess you are stuck with yesterday if it meets the conditions of your intermittent approval. the written approval you gave her probably does not require a doctor's statement, since you cannot do that under the regs unless you do it for others. The wise thing to do, in my thoughts, is to write her to tell her her approval of intermittent use is suspended pending recertification and clarification of her need to be out. Your reasoning, although you are not required to give it to her, is that doubt has been cast upon the employee's stated reason for the absence or circumstances described by the previous cert have come into question.

You may not ultimately 'get away' get satisfaction but at least the amount of 'hassle' you will visit upon her will be somewhat proportionate to the amount visited upon you by her. That's the fun part of your job.




Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.