FMLA abuse - any options?

LindaS

I have an employee who has been approved for FMLA intermittent leave. The certification from the physician puts absolutely no limits on the frequency of the leave and allows for leave for "pain flare ups". He has not worked at 40 hour week in the last 4+ months but still has FMLA time to use. The supervisor is getting really frustrated, as are other employees, regarding this situation.

He comes in to work and suddenly needs to leave. He says that he will come back and make up the hours (his choice) but doesn't. He leaves his supervisor notes stating that he needs FMLA leave and leaves while the supervisor is in a meeting. He calls in and says that he will be in at a certain time but doesn't come in when he says he is due to his back. I have tried managing this but feel that my hands are tied.

This individuals supposedly needs a cane to walk and walks like he can barely move during his shift but can make it out of the plant faster than most other people at the end of his shift. He was working as a bouncer for a local tavern on the weekends for a while and most recently was trying to show his son how to skateboard at the local skate park so there are obvious questions regarding abuse.

I have tried getting him recertified and it's always the same thing so that won't do anything.

Any suggestions?

Whatever

Do you have security cameras? We once caught an employee who could barely walk in the building (needed a cane, groaned a lot etc) walking very briskly thru the parking lot.

LivindonSouth

The only way to deal with this situation is alcohol.




Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

lorrie

It seems like there are some guidelines for recertifying on a regular basis, and also some notification guidelines you can use. Here are a couple of opinion letters to look at. (It may be grasping at straws, but you can read them and decide for your situation.)

[url]http://www.dol.gov/esa/whd/opinion/FMLA/2002_07_19_2_FMLA.pdf[/url]

[url]http://www.dol.gov/esa/whd/opinion/FMLA/2004_05_25_2A_FMLA.pdf[/url]

atrimble

I'd request he get a second opinion from a doctor of his choosing or send him to a doctor of the company's choosing (on company time) and pick up the bill, and send along the job description for a fitness-for-duty exam. If the second doc concurs with the first, then you would still be hamstrung. If he doesn't, then a whole new ballgame starts...

I think I'd approach the "go to another doctor" thing in an overly sympathetic way. "It seems that your regular doc isn't helping much; wouldn't you like to see a specialist?" or something along that vein.