Confused and Frustrated
NaeNae55
3,243 Posts
Please forgive me for being so long:
We have an employee who is on FMLA. She had a C-Section scheduled for today, and we made all the arrangements for her to take off starting this week.
Week before last she began experiencing serious swelling in her feet. On that Friday (8/19) we received a faxed note from her doctor that she would need more rest and therefore would only work 2 afternoons the following week (last week). She discussed the issue with her supervisor, and they settled on the 2 days she would come in for a half-day. She never came in.
After discussing the issue with her supervisor, we decided that the 2 half days would not count as FMLA time (unless we got further info from her doctor), but would count against the employee in our absentee policy. This policy came into effect because this particular employee, who earns 216 hours of leave per year, is absent so much, particularly on Mondays. The week after we announced the new policy she announced that she was pregnant. Since then she has had the same absentee record, but now they are classified FMLA. (Her accrued leave will not cover last week's absence.)
The employee completed a leave form before she left, but it did not include the 2 days she was to work part-time. The supervisor, trying to clean up loose ends, entered those days herself. I now have paperwork, signed by both the employee and the supervisor, that gives the employee authorized time off. The new policy only penalizes employees who take off too much time that has not been pre-authorized.
Do you think we should write an explanation on the form distinguishing the 2 half days from the rest? Are we being too picky since it is likely that the doctor will just revise the paperwork anyway? We have less than one FMLA situation per year, but I don't want to mess us up for future situations. Plus, since this employee will have exhausted their FMLA by the time they return, I am certain we will run into absenteeism issues. I don't want any of it to be turned into accusations of FMLA retaliation.
Whatever your responses, thanks for listening. I feel better already just getting some of my frustration with this employee off my chest.
We have an employee who is on FMLA. She had a C-Section scheduled for today, and we made all the arrangements for her to take off starting this week.
Week before last she began experiencing serious swelling in her feet. On that Friday (8/19) we received a faxed note from her doctor that she would need more rest and therefore would only work 2 afternoons the following week (last week). She discussed the issue with her supervisor, and they settled on the 2 days she would come in for a half-day. She never came in.
After discussing the issue with her supervisor, we decided that the 2 half days would not count as FMLA time (unless we got further info from her doctor), but would count against the employee in our absentee policy. This policy came into effect because this particular employee, who earns 216 hours of leave per year, is absent so much, particularly on Mondays. The week after we announced the new policy she announced that she was pregnant. Since then she has had the same absentee record, but now they are classified FMLA. (Her accrued leave will not cover last week's absence.)
The employee completed a leave form before she left, but it did not include the 2 days she was to work part-time. The supervisor, trying to clean up loose ends, entered those days herself. I now have paperwork, signed by both the employee and the supervisor, that gives the employee authorized time off. The new policy only penalizes employees who take off too much time that has not been pre-authorized.
Do you think we should write an explanation on the form distinguishing the 2 half days from the rest? Are we being too picky since it is likely that the doctor will just revise the paperwork anyway? We have less than one FMLA situation per year, but I don't want to mess us up for future situations. Plus, since this employee will have exhausted their FMLA by the time they return, I am certain we will run into absenteeism issues. I don't want any of it to be turned into accusations of FMLA retaliation.
Whatever your responses, thanks for listening. I feel better already just getting some of my frustration with this employee off my chest.
Comments
As for the FMLA issue, I would have counted the two halt days as FMLA since the reason she was out was for an FMLA qualifying reason.
No, I do not think you are being too picky. You have paperwork from the treating physician stating that she could work two 1/2 days and she did not. I would require medical certification verifying that she was medically unable to work or it would count toward your attendance policy.
At this time, does she have enough FMLA to cover the remaining amount of time she will be off for the baby (barring any complications)? If not, I would send her a letter stating how much time she has left as well as whether or not she will be placed on a LOA until she is medically able to RTW after the birth of the child. I would also advise her, again barring any complications, that any time missed after she returns (and until she accrues more FMLA time) that any absences would need to be covered by either paid time off or through your attendance policy.
The above suggestions are in absence of any state law you may have granting additional leave for pregnancy.
This may sound harsh but remember that the manner in which you deal with one EE means you have to follow the same with the others.
She is scheduled to come back November 1st. With the certification, this will put her total FMLA time over the max by 3/4 hour. We have allowed people without FMLA protection or time to be gone for legitimate medical reasons, so we will probably let the 3/4 hour slide.
I will also send her a letter outlining her leave usage and how much time she has left. I will include a reminder of our leave policy so she knows what to expect.
btw, she did not call in on the scheduled days. That is an entirely different issue with this employee, and one that is ongoing.