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VP Out Sick but working from home

njjelnjjel 1,235 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Our VP has been out sick for two weeks but is calling in to all departments every day and sending in emails and otherwise doing work. My question then is, do we place him on FMLA leave???
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  • Don DDon D 9,834 Posts
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    Yes. However, running the salary numbers may reveal him/her to be among the highest paid ten percent, in which case the Company is not bound to restore the individual's employment following leave. On the odd chance that his calls and emails to the company constitute the full realm of his job duties, you may not consider him even absent. I think at best, he's intermittent.
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  • GillianGillian 885 Posts
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    No, he's working, right? He may not be doing everything that he would be doing if on site, attending boring meetings all day, etc. but he is getting his job done, so the sickness is irrelevant. If he has an accident on the way back to the work site and needs the entire 12 weeks leave to recover are you going to tell him that he only has 10 weeks because he was on leave and not working?

    You may need a tie - breaker and maybe more than one.
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  • HR GuyHR Guy 14 Posts
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    If your VP is working (and telecommuting is workable in his area), then FMLA wouldn't apply. We have had employees request working from home in lieu of using FMLA time - we will generally allow it, however we have some areas where telecommuting just won't work. In those instances, it's FMLA or bust!x:D
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  • Don DDon D 9,834 Posts
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    There's 'working' and there's 'working'. If this guy, VP or not, is only making a few calls and sending a few emails from his recliner while watching Oprah, I don't buy it. If however, the company has made arrangements for him to carry out his job from home and the duties of the job are fully performed from home, then I see your point. I suspect he said, "I'll be at the house," as VPs often say. If not, I stand corrected.
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  • HR GuyHR Guy 14 Posts
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    AMEN!
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  • MegMeg 54 Posts
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    With a V.P. it can by a touchy situation. However, I would call him and ask if he is aware of FMLA. What will the comany do if he uses all of his sick and vacation time? Also, if he is sick, and the illness has required him to be out for the past two weeks, you may want to see if his doctor thinks it is a good idea for him to be working from home-- sick time should be used to recover, not to make phone calls and send e-mail.

    Another thing to consider, what if he "injures" himself while working from home?

    Our comapny would try and get this guy out on FMLA.
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