FMLA Intermittant leave for Tardy

dwitt

I have the nightmare employee who CONSTANTLY has issues both at work and at home. She has been employed for almost 1 year. She is going through a custody battle with an ex, recently was admitted to the hospital for a medication problem, received a DUI last fall and has to go to Court often, cannot drive herself to work, shares her problems with honest workers and scares them to death (she has lived on the wild side) - I could go on and on. She is an hourly employee, climbing the ladder on both sides for Attendance and Tardiness. In fact, if she has another infraction, she will be subject to the next disciplinery step which is a 1-day suspension.

She sent me an email after her last tardy, sharing a very personal situation in which she recently discovered her ex has been molesting her 4 yr old daughter during his visitations with her. UGH! I do not want to know these things! She told me that she has a difficult time with her daughter in the mornings when dropping her off at the daycare and that this is the reason she is tardy to work.

I'm not sure what to do here! Should we allow her FMLA for intermittant tardiness?

NaeNae55

To qualify for FMLA she will need to bring in certification that her daughter has a serious health condition which prevents her mother from getting to work on time. That seems like a tough row to hoe to me, but I guess anything is possible.

Instead I would suggest that if it takes more time to drop her daughter off at daycare that she simply leave earlier to allow for the extra time needed.

Child molestation is nothing to sneeze at. Check into your state laws. If she hasn't reported the abuse, you may be required to. Even if you are not legally required to report it, you may want to consider reporting this to the police anyway.

Just my 2 cents.

Nae

atainc

>To qualify for FMLA she will need to bring in certification that her daughter
>has a serious health condition which prevents her mother from getting to work
>on time. That seems like a tough row to hoe to me, but I guess anything is
>possible.
>
>Instead I would suggest that if it takes more time to drop her daughter off at
>daycare that she simply leave earlier to allow for the extra time needed.
>
>Child molestation is nothing to sneeze at. Check into your state laws. If
>she hasn't reported the abuse, you may be required to. Even if you are not
>legally required to report it, you may want to consider reporting this to the
>police anyway.
>
>Just my 2 cents.
>
>Nae



I totally agree with Nae that this has to be reported to the proper authorities. If you can't or just don't believe what she is telling you, then give me her name and I will report it. If this child is being molested, then FMLA and all this other stuff really doesn't matter. Do not take her telling you this as an excuse to being late for work. For this child's sake, please call the police or DCS and have them check it out. Whether you want to know these things or not, is immaterial at this point, because you do know or suspect her ex is molesting their daughter. Get on the phone and report it.

davids

First, you said she has worked for you for "almost" one year. If she has not worked for twelve months, she is not eligible for FMLA. Even if she is eligible, she will have to document that the child has a serious health condition.

My state just recently passed a "domestic violence leave" law which allows victims of domestic violence, including parents of minor children who are victims, to take protected time off. You may want to check whether your state has a similar law.

stilldazed

Agree with prior posters on the FMLA part, and agree to confirm whether your state has some local regulation. Florida passed a year ago a domestic violence law and this year passed a sexual violence law. Neither helps you in your state, but it seems that the general direction at the state level is to regulate more protection for employees rather than less.

I also agree that you should forward the info you have to appropriate authorities. Try the local sheriff's office or your local or state child protective services. If what your worker says is true, she has way more problems than her job, and she has burdened you with way more information than you should have at this point. I'd pass the buck on this one. I think it's the only way she will get the help she really needs.

best wishes.