FMLA and Performance Appraisals

System

We have an employee who is using (abusing) FMLA intermittently due to her mother's alzheimer's. It's now time to fill out her performance appraisal. In the column marked "Is attendance satisfactory--yes or no" what should we put? She has used all her PTO in the first 4 1/2 months of the year, but it is FMLA time. We're thinking of not marking a yes or no box at all, and using the explanation space for a discussion of her unwillingness to communicate with her supervisor when she is out and/or also discuss the fact that her job doesn't get done when she's out. I would greatly appreciate any insight.

CuriousG

My understanding of the FMLA says that FMLA leave is to be treated just like the employee was present. The question then becomes, is the employee's attendance satisfactory when you disregard the intermittent absences for FMLA?

You say this lady has been abusing her FMLA, however, you do not mention what has been done to manage the situation. Have you required a Health Care Provider's Certificate of need, or even confirmed the mother's diagnosis of alzhiemers? The FMLA has been "marketed" so heavily based upon the employee's "rights" that we fail to recognize our right as the employer to manage the situation.

Several things we can do include:

1. Have contingency staffing plans for every critical position.
2. Use cross training to be sure every job has some "depth of bench" coverage.
3. Obtain a Health Care Provider Certification and then sit with the employee to review it -
4 Explain to the employee that they are entitled to FMLA time off as medically necessary based upon the doctor's information, but also the procedures for them notifying the company when they will be intermittently absent and why this is important.