Is it or is ot not

safety

[font size="1" color="#FF0000"]LAST EDITED ON 08-25-04 AT 10:13AM (CST)[/font][br][br]Employee comes to work on Friday night, normal shift is 8:30 pm to 7:00 am. At 4am she goes home sick. She calls me on Monday afternoon and states she has seen a Dr. and was diagnosed with an ear infection, has a slip from the doc 'excusing' her from work that night and she claims she will be in on Tuesday night. She came in on Tuesday as stated and delivered the slip from the doc 'excusing' her on monday night. It says nothing about her Friday sickness or further treatment or need for more time off for her ear infection. Is this an FMLA event? She was scheduled to work full shifts on Friday night Sunday night and Monday night and missed a couple of hours on Friday night and was absent Sunday and Monday night.

Don D

Not enough info without conjecture. I would provide the certification form for her to take back to the doctor. Put the monkey back on her back.

SMace

If the note only covers Monday it would not fall under absence plus treatment. It requires being sick MORE than three days. Her doc only documented one day.

Whatever

Is there a procedure for calling in if you will be absent for a Sunday night shift? Aside from that, I would give her the FMLA paperwork to complete.

safety

Yes, we have a clear policy for calling in and she did that however, unless this is covered under FML it will still count against her. I have been researching and find a clause in the FMLA stating ear aches are not covered but this is an ear infection with continued medical treatment, prescription medication, and a visit do a physician. I just want to have my ducks in a row because this ee has had a problem with attendance and if it comes to a term I don't want to have to revisit this event. I am going to send the FML paperwork to her and let her decide to complete it or not.

safety

Update. Sent the FML paperwork to her, her 15 days are up and I have sent a certified letter to her explaining her absences will count against her record, not as FML. She will not be happy and I expect a call from her tonight. Let's see, do I answer my cell phone or not, hmmmm, decisions decisions.

Don D

I would welcome the call from this employee. It would be a good opportunity to go over in detail with her the procedure you followed that she did not follow.

safety

I did have my cell on all last night and it never rang. I have been remodeling my upstairs bathroom and was up until midnight, plenty of time for her to call last night. About ten days ago this ee called me at home to get the office fax number because she said her car was broke down and couldn't make it to the physician’s office. I gave her the number and then she said she would have to remember it, as she couldn’t find anything to write with. I explained to her that her time was running out to get the forms back to me and she could have them sent via fax to the department she works in if she couldn’t remember the front office fax number. I am still waiting to hear from her because she has had an attendance problem and this will most definitely lead to a step of discipline.

Just ten minutes ago another ee came in and gave me some FML paperwork that I sent to him. The only thing on the forms was a signature from the physician, denied FML and told the ee to have the forms completed. Then he told me it wasn’t worth the time and left my office, go figure.