FML after the fact?

mushroomHR

We have an employee currently on intermittent FML. She has a habit of taking off on Wednesdays however, up until today she has always called in. Today she's a no call/no show. I'm afraid tomorrow she's going to come in and say she couldn't come to work because of her FML. The fact that she didn't call will be handled as a disciplinary matter but stating the next day the reason for her absence was FML, is it OK to charge her for this? Seems to me employees should call and let you know that day that they will be absent due to their medical condition--not after the fact. Also, maybe I just need to vent x:'( because of the way certain individuals abuse intermittent FML and there isn't a thing that can be done about it. Thanks.

LindaS

When cases like these have gone to the courts, the courts have consistently held that an employee on FMLA still has to follow whatever your policies are regarding notification of absence. I have been in this exact situation before and have disciplined, and even terminated employees for failing to call in, regardless of their FMLA approval. Follow whatever your policy calls for regarding her failing to call in.

mrsbowden

I agree with Linda, eventhough the ee is FML they are still required to report absences as stated in your policy or preformatted plan (which I would have in writing, stating that if they do not follow these reporting policy disciplinary action can be taken UPTO and Including termination)

mushroomHR

My question was--if the employee comes to work the next day and says, "Oh, I didn't come to work yesterday because of my family and medical leave condition." do I still charge her for it? I know not calling is a disciplinary matter but can an employee say their illness the day before was for family and medical leave or are they required to call in the day they are absent and inform us it is for FML reasons?

mrsbowden

I would charge her for it but also take whatever Disciplinary action is set in place, BUT be clear the action is not for taking FML but for not following procedure for reporting time taken.

Don D

I agree with Mrs. Bowden (Great football coaches in that family) and Linda (Even though she is from Wisconsin). Both are correct. It is in the employer's interest to charge the day as FMLA, since the clock is running. It is also in the employer's interest to discipline the ee consistent with your attendance policy. You will not violate FMLA provisions by doing so. Let her do it a couple of more times, and she gets terminated.

LindaS

Don, you are such a funny guy!! What is wrong with Wisconsin?!?

mrsbowden

I do have to admit, my husband is a cheese-head at heart, LindaS

LindaS

Does he own one of those lovely hats?

mrsbowden

NO, but he wants one really bad..I think I may have to break down and get him one soon though. Do you know if I can buy one online?