Car Wreck

T

Employee was in a car wreck, she's fine but just sore. Is this considered FMLA? I'm sure her doctor will say she can't return to work for however long (probably at least a week). This employee pushes every policy we have right down to the exact. She will try everything to make this an FMLA issue.

Thanks.
-T

deniseE

If her doctor certifies her as needing to be off to recover for more than 3 days, it can be considered FMLA.

This actually benefits you because it starts tolling the FMLA days that can be taken in any given eligible year.

provide her with the paperwork and let her dr. decide.

Don D

If you do not have a plan that will pay her to be absent and the wreck was her fault, chances are good that she won't request FMLA. If the wreck was another's fault, you can almost count on it! And you're being generous to yourself to think it might just be a week if the wreck was the fault of another party. I'd go with about 2.5 weeks, physical therapy absences after that and a request for light duty.

Rockie

Don is correct. I had an employee who had an accident and she stayed out as long as she possibly could. I believe it ended up being five weeks due to all her PT, etc.

I had already had another FMLA episode with this same employee where she had bunions removed from her feet and this was almost a 12 weeks process. She was almost to the point of losing her job before she came back from that one! Everyone knew she was milking the system, but as long as her physician certified that she was unable to work, we really had to accept his diagnoses. Most of this was unpaid leave, but she had short term disability to carry her through.

SDDCHR

As stated, if it is certified, you will have to put her on FMLA. Don is correct but a being a little generous....if she pushes the buttons now, she will probably go for as much time off as possible. Especially if it is the other persons fault. Employees....you gotta love 'em!