FMLA question

[Chuzzle]

We've already established that the policy is a violation under FMLA. In case you haven't been paying attention:

My employing company also has a policy that requires us to bring in doctor's notes for each protected absence. Isn't this basically violating the re-certification guidelines? Yes.

If I have a protected absence, and follow all the proper procedures, can the employer come back later on and deny the FMLA request? No.

Are we quite clear on this now?

Crystal! Yes, sometimes you have to explain things to me like I'm 5. Forgive me, and thank you so much!!

 

[ecmst12]

"Abusing FMLA" is a meaningless term. It's time limited and unpaid leave (unless the employer allows employees to use PTO which is also limited). If they abuse it, they're only harming themselves, once it's gone it's gone, at least until after the rolling 12 months is up.

 

[Chuzzle]

You have a good point. There are people that will just simply not want to do their assigned task, then tell the supervisor that they are leaving and to give them FMLA - and the company essentially can't do anything about it. I was told I should get FMLA because I have a chronic condition - so I feel like I shouldn't be made to jump through hoops whenever I need to use it because of the employees that basically use it as a "get out of work" card.

 

[cbg]

I should probably make clear that there is nothing whatsoever illegal about this policy for non-FMLA time.

Additionally, while your employers are going about it the wrong way, employees who truly are misusing FMLA, foolish as that may be, can be disciplined for it. Your employers may not be managing the situation in the best possible way, but they're also not as far out in left field as it may seem.

 

[Chuzzle]

If others want to abuse their FMLA, it's on them. But the employer would have to be able to prove that they're abusing it, i.e., calling out nearly every Friday or Monday, etc., am I correct?

I'm making sure my ass is covered so they can't refuse to grant me FMLA if and when I have a valid reason to use it. They want doctor's notes for every absence? Fine. When my condition flares up, I have to go to the doctor anyway.

I can't tell you how much of a big help you all have been! Thank you!

 

[cbg]

They would have to be able to come up with some evidence, yes. It would not necessarily have to be call outs on Fridays/Mondays although that is the classic giveaway. If they are asking for doctor's notes for each and every FMLA absence that is a definite violation; once FMLA is approved they cannot ask for re-verification more often than 30 days, and then only if there is a reason to believe that the situation has changed.

Suppose the original certification was for three-four days a month, and the employee is calling out five-eight days a month. That's a valid reason to suspect abuse and request re-certification. And if the doctor fails to provide amended certification for five-eight days a month, that's evidence.

Your employers are asking for too much, too often. But until YOU are denied FMLA, you don't have a violation.

 

[Chuzzle]

Actually I *may* have a violation. I was sick for 3 days (all FMLA) but on the 4th day, I returned to work and ended up leaving because I realized was still too sick. I requested FMLA for that day too and turned in medical documentation for all 4 days. My supervisor at the time mistakenly did not record the 4th day as FMLA, it was put in as a part-day absence. My current supervisor is trying to rectify the situation but so far, personnel has not made the change. I wouldn't even bother with this except that the one absence is considered an occurrence, which I don't want.

 

[cbg]

I think you're getting ahead of yourself on this one. In a huge corporation, there are a hundred things going on at once and it is not unusual for it to take several days for something like that to reach the top of the queue. Give it a bit longer.

 

[Chuzzle]

I think you're getting ahead of yourself on this one. In a huge corporation, there are a hundred things going on at once and it is not unusual for it to take several days for something like that to reach the top of the queue. Give it a bit longer.

It's been nearly 2 months since the absence but only about a month or so since my current supervisor noticed the mistake. It IS possible that they haven't gotten to it yet. I'm probably just going to let it go.

 

[cbg]

On my desk, right this minute, I have no less than eight employees trying to add new dependents to their coverage; two employees with checks that need to be cancelled and re-cut; two employees who think their FSA's were reimbursed incorrectly (one of whom is right and one of whom is wrong, but I will never in a million years convince her of that); a dental claim that needs review; two address changes; a tuition reimbursement issue; someone who left the university in 1983 and can't find his pension; four employees who are leaving and want a benefits review; and that's just what I left on my desk Friday afternoon. That's not even counting the stuff I'll find there Monday morning.

 

[Chuzzle]

On my desk, right this minute, I have no less than eight employees trying to add new dependents to their coverage; two employees with checks that need to be cancelled and re-cut; two employees who think their FSA's were reimbursed incorrectly (one of whom is right and one of whom is wrong, but I will never in a million years convince her of that); a dental claim that needs review; two address changes; a tuition reimbursement issue; someone who left the university in 1983 and can't find his pension; four employees who are leaving and want a benefits review; and that's just what I left on my desk Friday afternoon. That's not even counting the stuff I'll find there Monday morning.

WOW. I see your point!

 

[FlyingRon]

I'm still confused however. What is this "determination" you claim they are making. What happens if they decide "it isn't FMLA"? You took the leave. There's no requirement that they not dock your annual or sick leave or whatever for time you are on FMLA.

 

[Chuzzle]

I'm still confused however. What is this "determination" you claim they are making. What happens if they decide "it isn't FMLA"? You took the leave. There's no requirement that they not dock your annual or sick leave or whatever for time you are on FMLA.

In a nutshell, the one absence was supposed to be FMLA and was input incorrectly. Because it's incorrect, it's an occurrence. It's likely that personnel simply hasn't gotten to fixing it yet.

 

[Proserpina]

On my desk, right this minute, I have no less than eight employees trying to add new dependents to their coverage; two employees with checks that need to be cancelled and re-cut; two employees who think their FSA's were reimbursed incorrectly (one of whom is right and one of whom is wrong, but I will never in a million years convince her of that); a dental claim that needs review; two address changes; a tuition reimbursement issue; someone who left the university in 1983 and can't find his pension; four employees who are leaving and want a benefits review; and that's just what I left on my desk Friday afternoon. That's not even counting the stuff I'll find there Monday morning.

Oh my goodness! How do all of those employees fit on your desk?! How do you manage to find the phone?! Who feeds them over the weekend?!

 

[Just Blue]

Oh my goodness! How do all of those employees fit on your desk?! How do you manage to find the phone?! Who feeds them over the weekend?!

lol...What a wiseazz!!