Mardi Gras as therapy?

JAthey

A friend shared this story with me and I thought it was a great scenario to chew on.

A young woman was on long-term FMLA leave for severe depression. She had been on leave for quite a while when her therapist suggested that she needed to get out and socialize more. Well, apparently she took that advice very much to heart because shortly thereafter she went to Mardi Gras.

You can guess what happened next … Someone took pictures of her partying it up at Mardi Gras and posted them on their Facebook page. Word got back to the employer, which took a good look at the pictures. I don’t have all the facts regarding any amount of investigation that may have been conducted, but the end result was that the employee was fired, presumably for fraudulent FMLA leave.

Assuming that the employee really was severely depressed and simply complying in good faith with her doctor’s orders, was her firing justified? What steps would you take before making that decision? What specific facts would you need to know?

Julie

NaeNae55

1) The employer should ALWAYS do a thorough and complete investigation before taking action. IF the employer did so in this case, I would have to believe they found enough evidence to contradict the employee's claim that she was there to treat her depression.

2) I always like to give the employee the benefit of doubt, but that doesn't always work when you have to consider the precedent you are setting.

This was a thought provoking scenario. Thank you for posting it.

davids

I agree with Nae that you always need to conduct an investigation. Most situations like this will be fact-specific. Knowing what the doctor told her would be critical in this situation. Going to the Mardi Gras could have been "exactly what the doctor ordered" or it could have been way beyond reasonable. More information is definitely needed.

This reminded me of a situation that I encountered many, many years ago (before FMLA, ADA, etc.) when I was an unemployment insurance claims examiner. I handled the claim of an employee who was granted bereavement leave to attend her father's funeral in Jamaica. When she returned, she shared photographs that included several of her dancing at a nightclub. She was fired as the employer believed she abused the bereavement leave.

Paul in Cannon Beach

I think its fair to say that some severely depressed people are also manic so its not unusual to have periods of "highs" along with their "lows". So, like the others have said, I dont think its wise to jump to a conclusion based on a few photos.

Let me ask you this. Would you object to taking this employee aside and saying "I have been made aware that you are posting photos online of you partying at Mardi Gras while on leave for depression. I just want to caution you that these photos are likely to be misunderstood by any of your co-workers who see them."

On the other hand, could you be liable for a retaliation claim if the employee gets razzed by her supervisor or co-workers for the photos if she can prove that her time their was within the guidelines of her therapist?

JAthey

David,

Did you make a determination in that case?


Paul,

Excellent point about a possible manic episode. I hadn't thought about that.


Julie

sonny

Then, would they not be bi-polar as opposed to severely depressed? Not our job to play Dr. here.

davids

[quote]
[quote=JAthey;717569]David,

Did you make a determination in that case?
[/quote]


We found her eligible for benefits. Many cultures make the celebration of one's life a festive occasion. Just because she went dancing does not mean she was not truly mourning her father's death. I recall that the employer appealed our decision; and the decision was upheld by an administrative law judge.

NaeNae55

Last year when I lost my mom we took a break one day (from sorting her things) and went hiking. We did our best to enjoy the beauty of the Sierra Mountains, and yes, we laughed a few times. We really needed the break from the grief. I don't know if I would have gone dancing had I been asked, but after experiencing the peace and the brief break, I would not like to condemn someone for how they handle loss themselves.

ACU Frank

I have more than one employee who has told me they will dance on their ex's grave. Does that count?

plynnl

That will certainly count!::pb&J::

Sharon McKnight SPHR

I realize it seems a bit "out there" for someone who suffers from depression to not only attend Mardi Gras but live it up while there; but, many depressed people also suffer from social anxiety disorder. With SAD a person may be more comfortable testing the "being more out-going" waters in a large crowd where he/she could remain relatively anonymous than going to a party where more personal mingling and small talk would be required.

There could be a number of explanations for the partying behavior including everything from - her friends gave her a trip to Mardi Gras and got her drunk enough to let go of her inhibitions - to the employee may have been reacting to a new medication that enabled her to come out of her shell in a very big way.

If I were the HR person, especially given that the employee had been on FMLA for an extended period, I would request that she provide a recertification from her doctor then go forward depending on what that revealed. If the doctor confirmed that she was following medical instructions, then I can't see that her firing would have been justified.

Sharon

Julie Athey

Sharon,

Good comments. Just curious whether you would let the employee know why you are requesting the recertification?

Julie Athey

Sharon McKnight SPHR

[quote=Julie Athey;717590]Sharon,

Good comments. Just curious whether you would let the employee know why you are requesting the recertification?

Julie Athey[/quote]

It would depend on what the original certification had stated.