FMLA or Not?

LindaS

I'm having a problem with this scenario and am looking for some advice...

I had a female employee come to me today and inform me that she would be out next Thursday due to having a procedure done (female thing, she said). She will be out only that day and should return the following day (at least that is what she said this AM).

Anyway her husband also works for us and she informed me that he would need to take off work that day as she will be unable to drive herself home.

The male EE has a serious attendance problem and if this does not qualify for FMLA he would receive "points" in our attendance system. These points would result in his 3-day suspension in accordance with the policy.

What are your thoughts?

Whatever

Have both of them complete FMLA forms. Then, based on what the doctors write, make a determination.

marc

Agree with Whatever. Get the Medical profession's opinion on the forms and take it from there. If she qualifies so does he.

LindaS

Thanks for the responses and I have provided the paperwork. I guess I was putting the cart before the horse, so to speak.

We'll see what happens.

Judith

It will not qualify as a serious medical condition if she is only out one day. The whole thing sounds suspicious to me -- I would get the medical info BEFORE the leave occurs and if that is not possible make it clear that is not being approved as FMLA until you get the physician's certification returned.

globex

tell her to take a cab!

Nat

Does your attendance policy allow for scheduled days off? We also have an attendance policy with a point system but do not count scheduled absences. For an absence to be considered scheduled, the employee must give us two working days notice. FMLA or not I might have a problem not granting this day off or applying consequences for the planned absence. I also understand that one absence does not put these employees' jobs in jeopardy - I deal with it everyday too.

Don D

Judith: It is not necessarily true that it will not qualify if the absence is only one day. The regs address several situations that qualify that do not meet the traditional 3-day thought process of most HR people.

POPEYE

Again Don D is right on. Probably 80-85% of the non-surgery related leave I approve is for less than 3 days. The Judge I had the conversation with a few weeks back made this comment concerning approving leave and the litigation process: ( and I'm paraphrasing) "To be 100% safe in your liability aspect under FMLA, if you feel like you would want to be approved if it were you requesting leave and there is any part of the certification that seems approvable, approve it. There is no judge or jury that will rule against you if you have been more lenient that the regulations as long as you are consistent within your company."

That has sure made my job much easier and I don't stress over those "I have a question about" requests for leave.