INTERMITTENT FMLA QUANDRY

HR IN AL

I have an employee who has a special needs child (severly brain damaged due to accident). This employee is continually late almost every day claiming FMLA due to Babysitter issues for the child. He has sole custody for this child as the mother is legally not allowed to watch him. I have all necessary paperwork but he ofter fails to call in within timeline required by our Attendance policy to let us know that he is going to be late. Long story short . Is there any suggestions to address this employee ? You can imagine this is an incredible morale deterrent on his shift. I have had several employees complain about it.

LindaS

FMLA is not a "get out of jail free" card for employees. They are still required to make contact regardng their pending absences in accordance with your policies unless there is a medical reason for their inability to do so and various courts have upheld this expectation.

When I approve an EE's FMLA request they are informed, in writing in thier approval letter, that they are still required to call in regarding their absences within the guidelines of our policy. Their failure to do so, in absence of any medically documented reason for their failure, results in their absences being assessed "no call in" points within our policy. I have terminated employees whose absence was technically protected but failed to call in within the guidelines of our policy.

stilldazed

Agree with Linda. FMLA has it limits (though they seem few and far between). Ensure that the message is clearly communicated that attendance call-in and other relevant attendance requirements are still in place (unless you are waiving them for everyone of course), and discipline for failing to cooperate is an appropriate recourse when medical certification is not available.

Baby sitter problems are not medical issues. Unfortunately, your employee has a serious medical issue buried in his baby sitter problem, but he should not be permitted to transfer the baby sitter problem onto you and his coworkers. If flexing his work schedule is an option, you may be able to offer him the chance to do that so you'll have confirmation on his start times each work day. However, he should understand that he does not have the opportunity to delay the start of his baby sitter problems to his new (later) start time at work.

best wishes