Disciplining EE on FMLA

Nevada HR

An employee (EMT) was responsible for tending a patient during a transfer from one hospital to another. The patient later complained to our billing dept that there were charges for some services not provided.

An investigation revealed that the EMT was being lazy and bypassed some (relatively) minor procedures, but indicated on the run report that they were done.

This EMT has a similar write-up in his file that has to be removed in a couple of days. Without the other write-up, the CBA doesn't allow us to go to the next disciplinary step (unpaid suspension).

Here's the rub. His wife just had a baby and he's out on FMLA for bonding purposes. Can we call him in for discipline? If we suspend him, would it be during or after his leave? (He's receiving sick and vacation pay while on leave).

Susan in La

We have disciplined people for actions that occurred before the FMLA and are not connected to the FMLA. Since FMLA does not have to be paid, we have suspended people while out on FMLA. FMLA is not a safe haven for people who have violated rules.

Nevada HR

Is it okay to call them into the office for this?

NaeNae55

Why can't you do the write up, date it, and make a note that the employee is unavailable for discussion until xxx date? It is how often these documented events occur, not how often you put pen to paper. As long as you are documenting it in a timely manner (and not just backdating one to get events grouped together) shouldn't you be ok? It really depends on the wording of your CBA, I know. But I would double check it. You may end up looking worse if you call an employee in who is off on FMLA, particularly if they are very sick themselves. This employee is off bonding, but you will need to follow precedent in the future.

Susan in La

We have sent the notice in the mail while they are out.

Nevada HR

I appreciate your responses. Good point re: setting precedence by calling him in.

I'll check the CBA and policies to make sure no timeline is listed, then discuss it with him when he returns.