FMLA-INTERMITTENT LEAVE AND SAD SITUATION

HR IN AL

I have a sad situation. Several years ago I had a employee whose son almost died and is now in a vegatative state. Recently, his wife abandoned him. Now he is the sole caregiver for his son. He has requested Intermittent leave on FMLA because he can't always find a "certified" sitter to watch the child as he requires specific medical care. He has completed FMLA paperwork. My issue is with him calling at the last minute or calling to say he will be late due to son and then never showing up for work. I want to be sensitive to his issues but he is continually putting us in a bind at work by calling in at last minute or not showing up at all.

Any input would be greatly appreciated.

FunHRBanker

If the leave is forseeable, he should submit a schedule. According to the DOL, "Employees needing intermittent FMLA leave or leave on a reduced schedule must attempt to schedule their leave so as not to disrupt the emploer's operations. In addition, an employer may assign an employee to an alternative position with equivalent pay and benefits that better accommodates the employee's intermittent or reduced leave schedule."

We require employees on intermittent leave to submit a schedule. If they cannot do so in advance, we ask that they keep us posted and let us know of any appointments as soon as possible.

NaeNae55

Your employee may be calling in last minute because his caregiver is telling him last minute. I would talk to the employee. Let them know that you are sympathetic, but really need more notice if at all possible, and that such short notice really puts you in a bind. He might then tell you the problem. You can't help him fix it if he doesn't tell you. BE VERY CAREFUL. Make sure you do not come across as threatening to take his leave away. Just make sure he understands the bind he is putting you in. I would also document the conversation so you have it if you need it in the future.

Sometimes people have a hard time being direct with people working for them. Your talking to your employee may be just the impetus he needs to talk to his employee. If his employee won't cooperate, perhaps he should get a new one.

Good luck!

Nae

sonny

I assume if you have an EAP you have referred him. .