Still Looking for the Silver Bullet

psrcello

My first post on the Forum was to find out if anyone has found a legal way to clamp down on intermittent FMLA absences for chronic serious health conditions. So far, I haven't found it - how about you?

We've got about 25% of our employees who have some sort of chronic serious health condition - diabetes, asthma, migraines, chronic back or sinus problems, etc. Going strictly by the criteria in the FMLA, these have all qualified for intermittent FMLA leave.

Our attendance point system doesn't penalize an employee for FMLA leave. However, we have a terrible time with unscheduled absences due to employees whose asthma, gout, or something is acting up. We have an automated attendance line that takes call-in messages, and we've started to get calls that only say, "I won't be in today - FMLA". When questioned, some employees say that we have all of their FMLA info in the file, so they shouldn't have to leave the specific reason for their absence when they call in.

It's hard not to question the validity of some of the absences, but I'm still stumped in my efforts to find any way to address this "carte blanche" attitude that having a chronic condition allows employees to take a day off whenever they feel like it!

Anybody have any success in this area that you'd like to share?

SMace

Nope. I just wait until they run out, but they never do. Oh, I also listen to the managers complain. You also have the second opinion option, but we rarely use it. Generally a doctor is not going to stick their neck out and claim another doctor in the community doesn't know what they are talking about just to get someone off intermittent FMLA. They all go to the same country club you know. :~~

SDDCHR

I feel your pain....but, I would require them to get you a new doctor's statement even though they have an initial one on file. This way you can ensure that they are out for the same illness that you have already put them on FMLA for.

SMace

Do you mean they periodically have to recertify or do you mean they have to provide a doctor's note every time they are out? I was advised by our attorney and have read it on the forum before that you cannot require a doctor's note when they are out on intermittent FMLA if their certification is up to date.

KathiHR

I just recently went to an FMLA update. The presenter acknowledged that this is the toughest of all the FMLA situations - the ones who have turned FMLA into intermittent vacation time. Unfortunately, they usually know the FMLA regs better than any of us & can tell you exactly how many hours, to the decimal point, that they've worked. The lawyer had 2 suggestions for this situation:

1) Make them follow your procedures to the "t". (Of course, do this for everyone.) Don't make it easy to just call in & claim FMLA. Maybe you need to revamp your attendance methodology, & how they call in, or your recertification requirements. Don't make it quite so easy for them to not come to work.

2) Concentrate on their performance when they are there & "document, document." The only way to get rid of them is on performance issues.

Another caution - the chronic diseases you've described cross into ADA territory.

25% of your workforce??? Do you work in a particularly toxic environment?

psrcello

KathiHR,

No, we manufacture pet food bags. Our printing process uses water-based inks, and our safety manager has tested the air quality several times - no huge concentrations of particulates or chemicals in the air (I wondered about this as well!)

The suggestion to make it more difficult to call in was right on the nose - I'm already looking at revamping ours. We use an automated voice-mail system to report absences. I think this makes it way too easy for employees to call in, since they don't have to speak to a human being and risk being questioned about their absence. We'll see if my changes make any difference!

POPEYE

I think all the silver bullets were buried with Clayton Moore and the "NEW" Lone Ranger didn't use any.