Unapproved Intermittent FML - HELP!
wbowen
9 Posts
Hi All, As always, I appreciate your help and advice in these matters!
I have an employee who has a chronic health condition (asthma) which often leads to serious illness (pnemonia). In fact, this year alone she has landed in the hospital for a few days/nights about 4 times. She does not have a provider that she sees consistently, she usually sees whoever is on call at the local clinic (which allows payment on a sliding scale) or at the ER if her condition has landed her there. This employee is non exempt, and full time (40 hrs a week), in a two person department (so her absences are felt severely and affect employee morale, workload, etc.) When she is absent due to illness, I monitor her absences, and when she returns (if it has been 3 or more days) I request her to have her dr. fill out the FML certification forms. She does not request the leave to be FML, I monitor her leave and approach her for the ppwk. There are times when I don't get it back, and her provider (whoever it is that she ends up seeing) will not approve her for intermittent leave, instead, they approve her for the few days she was out each time. It's become quite a headache for both the employee, and myself. In my humble non-medical opinion, it appears she should be approved for intermittent leave, and therefore any absence relating to this condition can be lumped into her FML time. Her annual review is due next week, and her scores will be negatively affected by her excessive absences (though not for any absences that have been approved for FML). There are times when she has not returned the certification forms, etc, for which she was not approved leave. This is getting long and complicated, but do see where I'm going with this? Any of you have a similar situation that you can share that may help me sort this out?
I have an employee who has a chronic health condition (asthma) which often leads to serious illness (pnemonia). In fact, this year alone she has landed in the hospital for a few days/nights about 4 times. She does not have a provider that she sees consistently, she usually sees whoever is on call at the local clinic (which allows payment on a sliding scale) or at the ER if her condition has landed her there. This employee is non exempt, and full time (40 hrs a week), in a two person department (so her absences are felt severely and affect employee morale, workload, etc.) When she is absent due to illness, I monitor her absences, and when she returns (if it has been 3 or more days) I request her to have her dr. fill out the FML certification forms. She does not request the leave to be FML, I monitor her leave and approach her for the ppwk. There are times when I don't get it back, and her provider (whoever it is that she ends up seeing) will not approve her for intermittent leave, instead, they approve her for the few days she was out each time. It's become quite a headache for both the employee, and myself. In my humble non-medical opinion, it appears she should be approved for intermittent leave, and therefore any absence relating to this condition can be lumped into her FML time. Her annual review is due next week, and her scores will be negatively affected by her excessive absences (though not for any absences that have been approved for FML). There are times when she has not returned the certification forms, etc, for which she was not approved leave. This is getting long and complicated, but do see where I'm going with this? Any of you have a similar situation that you can share that may help me sort this out?
Comments
1) Employee's actual health condition is asthma. She should not have trouble getting an FMLA form completed for intermittant leave for asthma. It sometimes becomes more complicated (pnemonia), and requires hospitalization. It sounds like she is asking for a doctor to complete an intermittant request for pnemonia, and that is where she is running into trouble. I would think one for asthma would cover you, especially if the doctor will note that it can sometimes lead to pnemonia.
2) The employee has some responsibility here, especially if she is not returning the form when you request it (which basically comes down to failure to follow instructions.) Having her scores negatively affected by her non-compliance may get her to step up more and be more proactive. Otherwise, she is in danger of being terminated. It sounds like you are doing everything you can, so if she loses her job it will be at her door, not yours. Just make sure you are clear about her rights and why she should make sure she has FMLA protection.
3) Her absences are causing difficulty in her department. You know you have an FMLA qualified employee who will have ongoing issues. It is time to cross train someone from another department to help out. This will go smoother if you also cross train both employees from this employee's department to help out other departments. Remember, it is not the employee's illness that is the real issue there. It is staffing. You need to find other employees who can help fill the void when one of these 2 employees is out on vacation or other leave.
Good luck.
Nae
Your first post on the Forum! Welcome aboard. We're very glad to have you with us.
Sharon
PS: I think Nae is right on target with her post. She's always provides good guidance.
:welcome: