FMLA Absences?

mistytee

AN EMPLOYEE SINCE 1999 WAS ABSENT NINE (9) TIMES THIS YEAR TO DATE. WAS GIVEN AN ORAL REPRIMAND IN JUNE AND A WRITTEN REPRIMAND ON JULY 17TH FOR EXCESSIVE AND ABSENCE PATTERNS. THE DATES/REASONS OF ABSENCES ARE:
1/14TH - CHILD'S OUT PATIENT SURGERY
2/19TH-21ST - CHILD'S FOOT SURGERY
3/25TH - CHILD'S BANDAGE & STITCHES REMOVAL
4/15TH - SICK DAY (SELF)
5/22ND - 1/2 SICK DAY (SELF)
7/12 & 15 - SICK DAYS (CHILD'S FEVER 104 DEGREES)
EMPLOYEE HAS DOCTOR'S NOTES FOR EVERY ABSENCE. ARE ALL OR ANY OF THE ABOVE ABSENCES FMLA PROTECTED? WAS THE MANAGER WRONG IN GIVING EMPLOYEE A WRITTEN REPRIMAND? IF YES, HOW SHOULD THIS SITUATION BE HANDLED AT THIS POINT?

ALL RESPONSES ARE APPRECIATED!

Janet

Assuming the EE is FMLA-eligible (requisite hours are met), I think the situation with the child would warrant more investigation. Obviously, it's too late now to grant FMLA leave to those absences, but if the situation DID qualify and FMLA paperwork wasn't issued at the time, then the discipline wasn't warranted. My opinion--lesson learned. Be more vigilant with FMLA in the future. If the EE truly is a problem, she'll trip herself up soon enough.

mistytee

Thank you for the response. The employee insisted that the absence was preapproved by her former manager (who is no longer with the company). There is no documentation to support preapproval, only her doctor notes after the fact. The written reprimand will be retracted.

Rockie

I would say the child's surgery and absences related thereto would be covered. If this surgery was planned (which it appears to be) employee should have followed proper procedures before the surgery in order to make sure this was certified as FMLA. The other, it's hard to tell. But I agree. A person with attendance problems will trip themselves up sooner or later.