Sick on the weekend

GLC

The FMLA regulations state that if an employee is absent for more than three consecutive calendar days and under a doctor's care, that is covered under FMLA. IF an employee is incapacited on a Thur, Fri. Sat. and Sun., and the employee does not normally work the weekend, could they come in on Monday with a note from the doctor and claim Thur. and Fri as FMLA days? I find this part of FMLA to be confusing.

Janet

My understanding of FMLA is that, regardless of working days, if the EE is out more than 3 days, the situation qualifies. So, weekend days count towards that 3-day total.

Hatchetman

What you have is the technicality issue and what instructions you give employees at the time they call in for an illness and the employee's explanation.

The employee is out Thursday an Friday from work...comes into work on Monday following. Saturday and Sunday are regular days off. So, in any case, the employee even if he was well, didn't report to work because he wasn't scheduled. If he didn't come to work because it was a day off and he is claiming he was okay, then Thrusday and Friday wouldn't be FMLA days unless they could be connected up through one of the other medical conditions, e.g., period of incapacity or treatment due to a chronic serious health condition, requirquire periodic visits for treatment and continuing over an extended period of time and causing episodic rather than continuous periods of incapacity
(whew!).

"Incapacity" under FMLA does mean the inability to work or to perform other regulart activiites, such as going to school, or doing housework, e.g., cleaning, cooking, running errands. Thus, there is more than one factor that you can consider for "incapacity."

As the employer what are you going to do or say to the employee who says he was okay on the weekend? How would you prove otherwise?

It's probably not worth the effort to push, certainly not on one incident. And since Thursday and Friday weren't FMLA days, then why push it?

Now, if the employee doesn't return to work on Monday you certainly should expect the doctor's statement if you required it and let the employee know that he needs to have it upon return. Most likely that will cover the period for the weekend.

When the employee calls in to report a need to be absent due to illness, are you requiring any doctor's statement or is he or she linking it to a chronic, long term or permanent condition?

GLC

We don't always require a doctor's note for a short illness, a day or two. For longer term that are FMLA qualifying, we do. Part of my question was not answered though. What if the employee is out with an illness on Thur., Fri., sick on Sat and Sun also, could they come in Monday and claim FMLA for Thurs and Fri since it would be more than 3 calendar days.