Intermittent FMLA

Jackie

Have a 55 yr old factory employee with an attendance problem. He has a habit of calling in an hour before due to work requesting "last minute vacation". He had a recent short term disability, and has continued to miss a day each week since his return 2 weeks ago. He has admitted to depression due to "post traumatic stress syndrome" from Army service in Vietnam.

We are advising him that as of this new vacation period (6/1) we will no longer allow him to call in before work & request vacation for that day. Our policy allows up to 4 half days off with 48 hours prior notice (except in emergency) and the balance of vacation states 2 weeks prior notice. He has had a variety of reasons for missing work, including a variety of ailments.

He intends to request Intermittent FMLA relating to his recent disability which has now been diagnosed as COPD. Assuming we approve it, he will still probably call in with little notice that he is sick.

Can we still require a medical certification for each instance, or is our "reasonable doubt" as to the reason enough for us to require a medical excuse stating if it is for his COPD as opposed to other problems?

Gar

Sounds like those early call-ins is a question best answered by the employee's health care provider. I suggest you compose a letter to the health care provider and ask if the early call-ins are legitimate. It is extremely important that you give the letter to the employee to deliver to the health care provider. Do not send or deliver it yourself. Give the employee a copy of the letter and tell the employee you expect a reply from the health care provider within a reasonable period. If you do not receive a response, you may very well assume the employee never delivered the letter and you should treat the employee according to your policies on this subject.

CuriousG

Under the FMLA you are entitled to have a Health Care Provider certify the need for time off. You also should consider that this may be an ADA issue.

It seems lke you have several "facts" you need to verify. First is the individual's "post traumatic stress syndrome." Secondly, you need to confirm that this condition necessitates intermittent absence from work. Third confirm is the conditioncausing him to miss work at this point in time-sure it can but is it really?

Finally, you need to verify that this employee is requesting FMLA leave, and not some sort of ADA accomodation. If this is a request for ADA accomodation, then your obligations could go well beyond 12 weeks off without pay.

I would start by getting this employee to complete a written request for leave, spelling out just what his reason(s) for requesting leave are, and what kind and how much leave he is requesting. From there you can proceed to seek verification what the employee is telling you. In a worst case scenario, if you find out the employee lied to you to cover up an attendance problem you then may have a basis to terminate for filing a false report.