Getting Strict w/Attendance After Return From FMLA

Red

We have an employee with Asthma, clearly an FLMA covered condition. She had severe complications recently and was out 12 weeks. She has a terrible attendance record - not always related to an FMLA condition.When she comes back can we be very strict, even not allowing, time off for other than FMLA leave? She won't be eligible for any FMLA leave for a while but she will have things she thinks she needs to take off for. Can we tell her we will be monitering her time off very closely or would this be considered discrimination because we are not telling this to all our employees?

Carol CA

I would be very, very careful. You cannot discrimminate against someone or retaliate against them for filing a FMLA claim. You mentioned concern that you would be treating her differently than other employees who had not taken FMLA if you instituted those conditions, and you should be concerned. That could get you into trouble. Now if your policy states that people cannot take time off if they do not have any vacation, sick accrued, then you could hold her to that policy (for her non-FMLA reasons). But if you allow others to take time off, you would need to allow her to take time off too.

Good luck!