Intermittent Leave Problem - Update

LindaS

A couple of months ago I posted about an employee who MAY choose to use FMLA for his siste's wedding in FL (we are in WI) because we denied his leave of absence request.

Well today he informs me (the leave request was scheduled to begin tomorrow) that he is taking FMLA tomorrow as he is flying out tomorrow night and he doesn't feel his back would be able to take working 8 hours then sitting on a plane for an additional 4.

Needless to say I contacted him and told him his FMLA leave was denied for tomorrow and he would be taking "points" in accordance with our attendance policy.

His reponse was "Okay, I'll take the points".

Sometimes....

Don D

I'm not clear as to which days you might charge him points. I would recommend riding this guy hard and not letting him up till he's outa points. I would deny the leave, even if he calls and says he's got back problems in Timbucktoo and can't board a flight back. Deny the FMLA. I would risk a DOL audit of this one. Document all this fully and lay it out for the investigator, although I doubt you'll ever see one. This is a battle I WOULD choose.

LindaS

Sorry Don, I forgot to add that he kept one day of vacation and scheduled that for Friday so tomorrow is the day he is missing that he tried to use FMLA for. We'll see what happens on Monday as he originally requested that day off as well and was denied this.

I have everything documented and we'll see where he goes with this. I just couldn't believe he sat there and told me how he figured he could miss work tomorrow and claim FMLA all because he is flying tomorrow night.