FMLA is a Four-Letter Word

psrcello

I think this is about my fourth post on this topic, and I'm still looking for the "silver bullet". We have about 25% of our workforce that have certified chronic serious health conditions (i.e., asthma, chronic sinusitis, migraines, back problems, etc.) that may result in intermittent incapacity. Under FMLA, intermittent leaves for chronic conditions don't require that the person actually be treated by a health care provider during the intermittent incapacity. Our attendance policy requires a doctor's release to return to work once three days are missed due to illness, but an employee can miss one or two days and return without a doctor's note.

Managers and supervisors are about to string me up by my thumbnails over the production problems intermittent leave is causing - even though they've all been through FMLA training and understand what the law requires. Last night, we had to shut down two out of five machines in one department because five people called in on intermittent FMLA. A couple of weeks ago, we turned down a leave of absence request in another department because of production needs - the employee turned around and took FMLA leave instead!

Does ANYONE have a fool-proof solution to intermittent leave and its "carte blanche" affect on unplanned absences? xpray

System

Cello: You have posted a well-worded 'nail on the head' for what's wrong with FMLA legislation. All we as employers can hope for is that these abusers will burn their maximum ENTITLEMENT and crash and burn. You can bet your last dollar that this group of people knows as much about FMLA as we do and they spend more of their time in the plant discussing their trickery than they do performing productive tasks. If your budget can afford it, it would be a good idea to ask a well versed attorney to conduct a one hour staff meeting/seminar for supervisors and management on how the law has you roped in. If nothing else, it will get you off the hook as the perceived bad guy. In the meantime, about all you can do is concentrate on the other behavioral and performance issues that you might be able to pin on these slackers. And fire them in accordance with the policies you have that the government hasn't seized control of YET. And please spare me the comeback about those with migraines. We've been there.

System

Do you run PTO concurrent with FMLA qualified leave? If so, do employees get to the point of running out and actually having time off without pay? Sometimes hitting the paycheck can be a deterrent. Otherwise, what a tough situation you have to deal with. I'm sorry I don't have any silver, or gold, bullet.

clarkbar

We have the same problem in our manufacturing facility. Unfortunately our people on FML don't seem to care whether the time is paid or unpaid. I don't know how they do it! This entitlement just screams ABUSE and I wish someone would fix it.

Leslie

Intermittent leave sucks. Now I've got an employee requesting it by the hour! The day intermittent has me tearing my hair out, but at least my ADP compliance tab can help. Now I'm going to have to track 480 hours.

I feel your pain. Unfortunately, as said above, all you can hope for is they run out of days and it's see ya, bye.

clarkbar

Unfortunately when our employees run out of days the company won't do anything. I know that's bad but that's just the way it is here.

Nrdgrrl

I don't know if this is the silver bullet, but it has worked wonders for us!

We have 16,000 employees and 1,000 of them went on leave last year. (Mainly pregnancy, but plenty of the leave types you cite)

If you are on intermittent leave, and there is ANY question that it might not be a true serious health condition, we call a Nurse to start an investigation.

Here is how it works:

1. You can't call the ee's doctor, only a medical professional can. We have a nurse that is not on our payroll and gets paid per case. She calls the Doctor and presses him for evidence that the associate really needs leave.

2. If the doctor won't budge, you can get a 2nd opinion from a Dr of your choosing. If the employee disagrees with the second opinion, you have to get a 3rd using a doctor you both agree on. Both the 2nd and 3rd opinion is on the company's dime.

We have yet to use option 2. What we have found is that most Doctors will fill out the paperwork any way the ee wants them to, but when the nurse gets involved, boom they change their story real quick.

The nurse we use is inexpensive and saves us a ton in $$, lost production, etc.

psrcello

Thanx, Nrdgrrl - this may be worth looking at! I'll let you know if we try this out and how it works.