60 Mile Drive oneway = Intermittent FMLA...

RMH

[font size="1" color="#FF0000"]LAST EDITED ON 05-06-08 AT 10:09AM (CST)[/font][br][br]Greetings All -

After an employee moved sixty miles from the office I now have an employee who for the past three years is re-certifying FMLA due to diabetes issues...

The doctors 'lifetime' restrictions indicate that this employee is only able to work seven hours a day each work day of the year... The employee does not leave work daily to go for any kind of treatment just leaves after seven hours of work to drive home sixty miles away from the office...

This drive of sixty miles is a one way trip... It is highly suspicious that this became a need for intermittent FMLA three years ago when the 'medical condition' began... Our company is not of the style to require a 'second' opinion paid for by the company...

Am I at a loss to only approve this year after year with no recourse to otherwise?

Thank you in advance...

FunHRBanker

Unless you want to pay for a second opinion, your hands are pretty much tied. The dr. is ceritifying that there is a need for the leave. Not much you can do...but I can appreciate your frustration!

LindaS

While you state that your company does not typically require a 2nd opinion I would highly recommend it in this situation. The other option to look at is whether or not this would be an ADA situation and for that I would speak to an attorney.

The intent of the FMLA is NOT to grant EEs permanent part-time hours while receiving FT benefits. I would highly recommend contacting your attorney for advice.

stilldazed

I think I agree with the legal consult at this point. I actually think it might be quicker & cheaper in the long run for your company than sending the worker for a second opinion. I'm not sure you have an out for your company, but thinking through the intent of FMLA and your situations sounds like a misuse of the intent of FMLA. FMLA is meant to be a short-term solution. Your worker is using it as a long-term solution, albeit on an intermittent basis. In an intermittent FMLA situation, the worker generally has to make efforts to comply with your organizational challenges, and indefinitely working a short day may be unreasonable for your company. Your company's justification, of course, is that there was 8 hours worth of work before the leave started, the 8 hours of work continues but only 7 hours of work gets done, so what happens to the rest of the work--it goes undone, you redefine the position & someone elses to shuffle the work, or you hire a replacement for the 1 hr per day! It is true that employees are generally free to live & commute as they so desire, but I'm not sure that requiring a short workday on the part of the employer until this particular employee chooses to retire or resign is what you have to bear. If it were an ADA issue, which is intended to allow for long-term considerations, you would at least be given the option to decline the accomodation if it didn't work for your business.

Please keep us posted.

ritaanz

Did the doctor stipulate that she leave one hour early or that she only work 7 hours? How about giving her an 1 hour time out around 1:00 pm?

Seriously, contact your lawyer and see what your options are. This "lifetime" restriction smells fishy to me.