FMLA and the buddy system

LindaE

[font size="1" color="#FF0000"]LAST EDITED ON 09-20-04 AT 07:01AM (CST)[/font][br][br]I have sent FMLA paperwork to three employees in the past six months or so, and in an effort to remain consistent have requested that their doctors complete and return the forms to us. Management wants to require medical certification on a case-by-case basis (if they don't trust the employee, they require it, and if they "know" the employee or it's one of their special cases, they don't), which we all know is a no-no. Here's the problem: if we require that an employee have the doctor complete and return the form 380 to us and we don't get it, what is our recourse? Management will shrug and say, "Well, that's just how so-and-so is", "The guys hate paperwork", etc. How can I show management that the leave should be denied if the employee is noncompliant? I have told the powers that be that consistency is vital and provided facts to back that up, but I may need a different approach. Any advice on how I can turn this around?
Linda

Don D

You can share my personal experience with them and hope they've got the good sense to be consistent. The company I was with two years ago underwent two DOL FMLA audits within three months. All it takes is a telephone call from a disgruntled employee and the investigator WILL call, write and visit the company. It takes no complaint form and they do not have to tell you who lodged the complaint. The investigator will ask to see the records of those who have applied for leave, those denied, those approved and those currently on FMLA. The review of records is primarily to check your adherance to the law, but secondarily, well maybe even primarily, to see how consistent you are in the application of your policy. They will also want to visually inspect your policy posted on the boards and the federal statement about FMLA that you are required to have posted.

I would not want to be one of your senior officers if a complaint is lodged, say, for retaliation or unfair administration AND an investigator comes in and finds what you have described. It will not be a good outcome.

I would rank this right up there with the company president who says, "Well, if we know the family, we go ahead and hire them without regard to application or background check. But, if we don't, and they're, say, from the ahhh, wrong side of the tracks, well then certainly we make them complete an application and background check." Imagine telling that to the EEOC. Your scenario is very similar.

POPEYE

What is in your written policy concerning Family Leave? That is what you need to follow.

You are correct in your feelings about being consistent. We have the following statement in our handbook:

Employees requesting family leave related to the serious health condition of, themselves, a spouse, a child or a parent, will be required to submit a health care provider's certification form.

SMace

Do you produce a product? If so you could try this.

"Tom, you guys make widgets. To make a widget you go from point A-Z. You don't allow some guys to skip C,D and X, right? Everyone has to follow the same production rules to make widgets."

"FMLA is kind of like that. It is a LAW with penalties, sometimes very heavy. You can't let some people skip C,D and X. Everyone has to follow the rules just like in production. If they do skip the steps we could have an outcome like you would in production...BAD."

"Now since your my boss, I'll do what you say. But my recommendation is that we consistently enforce the rules for FMLA."

Whatever you tell them, you need to tell them something to cover your butt.

PS Do your managers understand what a problem you have with favoritism? I would bet it is huge. If you don't know it, you will one day. A lot of times these scenarios end up with a union knocking on your door. Good luck.

LindaE

Good morning, folks, thanks for your responses. Yes, we do have a problem with favoritism or as I like to call it, selective management. I have asked my supervisor to review this thread and am sure your responses will reveal the serious nature of this issue. Thanks again!