EE/FMLA/Requests
HRinGA
412 Posts
We have an EE who has been out for a few weeks because of menopause and anxiety related to a thyroid problem. She tried to return FT, but was clearly unable to do so. She is supposed to return Monday (PT), but is demanding that she work 11am - 3pm. Due to the nature of her work, we find it best that she work 3-7pm. This is in our best interest and hers, as she has the potential to earn greater commissions during this time frame. Her reasons for wanting to come in earlier are:
1)It would make her feel better
2)Did not want to sit at home all day.
She has also requested that we move her seat, which we cannot do without moving someone else around. We pushed back and did not grant the 11-3 shift, and she called yesterday to say her doctor will be sending a note that she work 11-3. I am prepared to challenge that decision for several reasons. One being that we have not granted these requests in the past, her co-workers perceive she gets special treatment and have already mumbled that "they didn't bend over backwards for me", and lastly, I don't see the medical need for this. (P.S. I haven't received anything from the doctor yet.)
I realize her hormones are out of wack, but that doesn't mean she can pick and choose her hours and where she wants to sit. She has not been pleasant to deal with throughout this ordeal and constantly tries to pit HR against the managers. However, even if she was sweet as honey, I still wouldn't honor this request.
Who wants to weigh in on this issue?
1)It would make her feel better
2)Did not want to sit at home all day.
She has also requested that we move her seat, which we cannot do without moving someone else around. We pushed back and did not grant the 11-3 shift, and she called yesterday to say her doctor will be sending a note that she work 11-3. I am prepared to challenge that decision for several reasons. One being that we have not granted these requests in the past, her co-workers perceive she gets special treatment and have already mumbled that "they didn't bend over backwards for me", and lastly, I don't see the medical need for this. (P.S. I haven't received anything from the doctor yet.)
I realize her hormones are out of wack, but that doesn't mean she can pick and choose her hours and where she wants to sit. She has not been pleasant to deal with throughout this ordeal and constantly tries to pit HR against the managers. However, even if she was sweet as honey, I still wouldn't honor this request.
Who wants to weigh in on this issue?
Comments
I agree - FMLA doesn't require job accomodation by the employer. It only requires job restoration upon the full-time return to work with same pay, benefits, shift, etc.
I also don't think that she is covered for reasonable accomodation under the ADA - which requires the condition to restrict major life activities.
So, you could refuse, unless it benefited you and you apply this consistently.
We also have addressed behaviorial issues like you described in both verbal and written warnings. The violation usually falls under this:
“Gossip or false accusations which tend to destroy friendly relations between the Company and its employees or between employees themselves, or which in any way hinders production or disrupts or prevents any employee from performing his or her job.”
We do not shy away from addressing these issues, even if the employee has some unrelated protection under the law, such as FMLA, for an unrelated issue.
"to aide in her recovery please allow her to come to work at 11am for 1/2 day if at all possible"
doesn't sound medically necessary to me!
"well, if I have to wait until 3pm to come in, then I may as well just stay home and take my medical leave". Can you believe that? I advised her she would need another note from her doctor, and seeing as how they just sent one stating she could work PT....
I'm wondering if they will really send another one putting her out FT?
We had a very similiar case (hours not menopause) several years ago and legal advised that we could ask the EE to have the doctor justify why those specific hours (ie medication timing, etc.).
We did, they couldn't, end of request.
Stick to your guns.
1) be nice and call her to find out what's going
on, or
2) be mean and terminate for no call/no show for
two days.
She is out of PTO, so yesterday and today are unpaid.
I know her requests are getting under your skin, but pull back emotionally & look at this situation from an objective point of view. I never conduct my meetings regarding work alternatives over the phone - have her come in and meet with HR and the Manager/Supervisor of the department. Have a discussion with the employee and find out where she is coming from - explore all options before making a decision. From the doctor's note, it doesn't sound like she will need to be on this schedule forever - just until she's better. Have this conversation with her and see if it's true. Next really explore with the supervisor why the 3-7 schedule is necessary for the job - do you have others on this schedule - did she used to work this schedule before? Determine with the employee the best schedule - don't just make the assumption that the schedule would benefit her more than the employer because she'll have a better opportunity to make commissions - maybe she's more concerned about her health right now. Make sure to document what's decided and if another note is necessary - then ask her for one. My take on it, from what you wrote, is that I'm not sure the employer is doing everything they can right now.
Sorry for the contrary opinion! x:-)
This whole thing is ironic b/c she pitched a fit last year when we adjusted everyone's schedule. We changed their hours to come in at 11 instead of 12:30. I mean she royally pitched one that she could not rearrange her life to come in that early...and now she wants to come in early. It's like pulling teeth to get her to talk. She's clearly not interested in anything that doesn't go her way. I don't know her at all except for these recent dealings. When she did come in the office, she demanded a different seat b/c she didn't want to be near a window....this was after she specifically asked to sit there several weeks ago. And yes, we've asked others to work this shift. As I mentioned before, we had another rep out and she worked 3-7. She was the one mumbling about us "not bending over backwards for her" like we are for this one. Although I am irritated by all this, I'm glad she's out until she truly feels well enough both physically and emotionally to return. She mentioned that would probably be within 2 weeks. We shall see....
Good to hear from someone on the other side of the fence. It helps put things in perspective.
The better job we do of untying the factual knots around a situation will often dictate how clear this basic relationship remains. Treating each employee consistently is one of our best tools to fall back on. This sounds like one of those cases where no matter what you do, this EE will want something else, something more.
While I don't know if I would go as far as WT suggests, I do think there is merit in repeating that basic relationship and clarifying that if this EE cannot do the scheduled work, then there will be no pay. She can decide if she wants to free up her future for a better fit, or toe the line and get to work.
just my 2¢
Please let us know how this turns out!