FMLA - Attendance Policy

owenlady

We have an employee who has exhausted all but 8 hours of her FMLA (intermittent)time in a rolling forward year and has reached 6 occurrences in a 7 occurrence, you are terminated attendance system (aside from FMLA absences). Actually she had one of the occurrences fall off and took the next day to bring her back to 6.

I guess I'm just hoping some person who is wiser than I and there are so many! has some suggestions on where to go with this now?

As always thanks.

Irie

At this point you may need to find out if this person may be eligible for ADA after their FMLA runs out. Twelve weeks of FMLA is the minimum time you must allow. An employer is free to give more leave time than the 12 weeks - but if you do for one you must do for all.

We have an employee who has exhausted all FMLA time however they must still go for dialysis. I would never apply the attendance policy in a situation like this. And what we do for one - we do for all.

owenlady

Thanks. I needed reminding about the ADA portion. The other occurrences, the part under our attendance, run the gamut from car trouble to weather, etc., and have nothing whatsoever to do with the diagnosis this employee has for FMLA.

HRVolley

I too have an employee on intermittent FMLA for care of her sons asthma. We also operate under a point system for attendance, and the ee is at 9.00 points in a 10.00 point system. Any points that the ee has received have been because she called in sick herself, or just stated that she wouldn't be in. When she is taking off for her son, she indicates it and we do not apply points. She is dangerously close to, "pointing out," but I cautioned the manager that terminting this employee for attendance would be very tricky. Am I correct?

Irie

As long as you are terminating her because of her non-FMLA attendance you should have no trouble. We did that a couple of months ago. The employee was really stretching his intermittent FMLA but then one day he said he had car trouble which put him at his maximum number of points and we terminated him.

marc

Why have these elaborate attendance policies if you are not going to invoke the consequences. You are trying to protect the company and it sounds like these folks need to follow the policy guidelines or face the discipline that comes from not doing so.

As long as you are not disciplining for FML issues, you are ok. Also, your documentation must be in order.

To allow these kinds of incidences to continue to to essentially take the teeth out of your reasoned policy and give the EEs full rein.

Irie

I agree with you marc but FMLA has made people so paranoid that employer's are afraid to discipline/discharge for fear of violating the law and having to suffer the consequences. While the intent of FMLA is great you know the administration of it is a nightmare.

owenlady

Thanks so much for all the responses. FMLA even for we employers who think the law was/is a good idea seems to disintegrate into a full-time nightmare.

Irie

Hmmm...and I thought I was the only one who felt that way. FMLA/employee attendance is absolutely the worst part of my job.

We're a manufacturing facility with 250 employees. Everyone seems to have some problem or other--either with themself or a family member--which would make them eligible for FMLA.