Refusing FMLA

njjel

An ee was sent home from work because she "flipped out" and was unable to work. Management advised me to send her FMLA paperwork. Management spoke to her at home and she said she'd been to the doctor and was put on medication and that she might be bi-polar. She returned to work Monday and did not bring a return to work note from her doctor or the certification of health for FMLA. I requested both of these and she advised me she had been on vacation and not on FMLA and that upper management knew that (they are the ones who told me to put her on FMLA). so now what?

davids

It is the employer's responsibility/obligation to designate FMLA. An employee does not have the option of refusing the designation.

However, the issue here is that she was sent home; apparently she did not request the leave. I think you need more details as to exactly what she was told. Was she told to go home for just the day and she chose not to return for several days? Or, was she told to go home and not return until a doctor certified her as fit for duty?

I guess the bottom line is whether her absence was due to a medical condition or not?

ritaanz

She was sent home because she "flipped out". What exactly did she do?

She went to the doctor, has medication and is diagnosed as bipolar. I would not have put her to work. She would have been told she MUST bring a release from her doctor to return to regular duties.

njjel

She now claims that she didn't see a doctor for her mental state during the 2 weeks "vacation". That she only saw her OBGYN for her annual check up. She was sent home because she was so unable to work as she seemed upset.

ritaanz

Apparently this was a scheduled vacation. So....that is what her attendance record should show. What's next?

njjel

No, it was not a scheduled vacation.

ritaanz

Follow your attendance policy. No paper work to certify FMLA, she was AWOL for 2 weeks.

LindaS

Who sent the EE home? What instructions was she given when she left? Who in management spoke to her? When and what was said?

Once you have the answer to these questions you can better determine what needs to be done.

Whether she had vacation scheduled prior to her being sent home makes NO difference in the above scenario other than the date she returned to work.

If she was instructed to return to work with a fitness for duty cert., that is what she needs to do. She cannot simply choose to take vacation instead of FMLA as it is the employer designation.

I think you need to find out more information before making a decision.

njjel

Linda i agree with your 4th paragraph. When she "flipped out" (staring into space, not responding to anyone, hands shaking), her co-worked told her to go home that she needed a rest. The following day upper management called her and she told them that she needed to get her meds checked out. I was then told to put her on FMLA which I did. A few days later upper management called her and she told them that she had some other doctor appointments and tests to be run and that she would take off the next week. When I asked her for her return to work note she said she was on vacation and her doctor didn't put her on FMLA. I explained SJLS had put her on FMLA and she was to bring back a note from her doctor that she could return to work and also to return the certification of health. She said again she was on vacation. I asked upper management what they wanted to do and they said that she needed to give us a return to work note saying she was "fit for duty" from her doctor. I asked her for that and she said was a visit to the OBGYN considered being under medical treatment. That's where it stands now. Apparently uppermangement has dropped the FMLA issue and is pushing for the r/t/w note!

LindaS

Is she working now? In my opinion the FMLA and the RTW note are one in the same. If it were my EE I would meet with her, inform her that she was not permitted to RTW without a release from a physician based on her behavior, and send her home. I would also instruct her that she has up to 15 days to provide the requisite information and that failure to do so, in absence of a legitimate reason, would result in the termination of her employment. I would also follow that up with a letter. The issue of vacation is a non-issue at this point. She was given instruction from management and she needs to follow through as instructed. She does not have a choice.

Catbert46

I agree. If she was told not to return without a note from her doctor indicating she was "fit for duty" then she should be sent home until she supplies the requested documentation. Again it is not her choice. I have the same problem with a VP level employee who refuses to get the FMLA paperwork.

ACU Frank

I'd be just as concerned now about a potential ADA situation. Her supervisors have put you in a precarious position, because they essentially announced that she is "regarded" as having a possible disability. While her "flipping out" may not qualify in and of itself, the fact that you have managers who *assume* she is bipolar and *assume* that condition caused her to be unable to work could create an issue. Additionally, if she truly is bipolar, you could also face issues with confidentiality. If she isn't actually bipolar, now you have a gossip/slander issue.

Regardless, this is an opportunity for you to teach your management staff the potential dangers of meddling in YOUR business. Telling ANYONE to go home and get their meds straightened out is a stupid, stupid thing to do.

ACU Frank

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