Entertainiment and FMLA

Leslie

I'm in HR for a casino. We have two employees out on FMLA - one for a broken foot, the other is recovering (rapidly it seems) from surgery. They come to the casino every day to game.

Personally, I don't care, although I think it's pretty arrogant (there was another word I wanted to use but the forum is perhaps not the place for it).

However, the director of HR feels there is something intrinsically wrong with this - the working employees are grumbling ("Gee I should get hurt so I can sit there, gamble, and watch everyone else work.").

My question, does it fall anywhere in the FMLA guidelines? Or would we write our own company policy should we not want them on premesis during FMLA?

LindaS

Although I do not work in a casino, we run into this problem quite often when employees are out on FMLA but are able to sit at the local tavern. This creates discord with the employees that are working but I don't see anyway we can force an employee to work if the physician states that they can't. Regarding the issue of employees being on company premises, we have a policy wherein an employee out on medical leave (or any other employee for that matter), is not allowed on company premises if it is not their shift. I know this can be difficult in an environment such as yours but I don't see a problem with putting this type of policy in place.

Just my opinion.

Leslie

"Regarding the issue of employees being on company premises, we have a policy wherein an employee out on medical leave (or any other employee for that matter), is not allowed on company premises if it is not their shift."



Our employees are here off shift all the time - having a drink, eating, watching entertainment or gaming. So this statement would have to specifically target people on leave. Is that legal? And then what do we do with mama on maternity leave coming on property to show off the new baby?

I'm thinking this could get to be more trouble than it's worth.

Gillian

I'm thinking that you are correct Leslie. You may have something like a "cost of doing business" issue due to the type of business for which you work.

mbeam

[font size="1" color="#FF0000"]LAST EDITED ON 03-31-03 AT 07:53PM (CST)[/font][p]We have run into this on a few times when someone is out on disability leave (thank goodness we're fully insured). We pass along the information to our insurance carrier to let them sort through the details with the physician. We also work on modified schedules so we can have them return to work as quickly as possible.

vmiller MO

Although it may be irratating to that these employees are well enough to gamble, the fact remains that they have a Federal Right to FMLA leave. The statute states that an eligible employee is entitled to FMLA leave, "Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee." Section 825.115 states that "unable to perform the functions of the job" to mean that a health care provide finds that the employee cannot work at all or cannot perform at least one of the essential functions of the job within the meaning of the ADA.

You can provide the health care provider with the essential functions of these individuals' jobs or you can invoke the second/third opinion provisions if you do not believe the current health care provider is correct.

Good luck.