Absence & Emotional Blackmail

mistytee

An employee received a written warning regarding excessive absences. None of those absences were FMLA protected. This employee sends an email wanting to know if he can make a doctors appt. now because he fears losing his job.
What would be a legally sound response to give an employee who is trying to use emotional blackmail?

bsa

[u]Some[/u] would say that you have been notified of the need for FML. Give him the necessary medical certification paperwork (with 15 days to return). Your next action will depend on his ability to get a doctor to certify that he has a serious medical condition.

Anita

Here's my thoughts on this:

I would tell the employee that they always have the right to make a Dr. appt. but that they should schedule it before or after work or on a non-work day. If they don't and it's not FMLA related they will fall under the attendance policy and it is up to them to decide what they need to do. x:'(

Don D

I don't see the "emotional blackmail". Your response should be positive and certainly not serve to restrict the ee's right to schedule an appointment with a doctor. You may learn that this ee has missed work all along due to something medical that you never even considered and it may turn out that the absences could have been FMLA related. It's a mystery prior to your receiving whatever doctor's statement he/she may bring you. I wouldn't pre-judge it.