Suspicious timing...

GoPatsNH

Hi - I have an employee who always seems to need "leave" around the weekends, especially Fridays and Mondays. She has migraines which, to my understanding, fall under the FMLA. I'm starting to see a suspicious pattern here. What can I do?

SFbay

GoPats,  you may want to review this opinion (FMLA2004-2-A) from the Labor Department. It addresses recertification and other issues when there is pattern of Monday/Friday absences:

 http://www.dol.gov/esa/whd/opinion/FMLA/2004_05_25_2A_FMLA.pdf

Jake2

Hi GoPats:

You can ask for recertification if the employee's leave pattern is suspicious. FMLA allows for recert every 30 days, but if the employer has reason to believe that the employee is abusing leave, then a recert request can occur less than every 30 days. Go for it . . .

cbedal_hotmail_com

I would ask this employee for recertification because there is anallowance for this every 30 days, if you have reason to believe reason that there is abuse I believe you can request it less than every 30 days.   Double check it with the legislation and contact your attorney, they will give you the most pertinent and current rules. 

bstouder

It's been a million years ago since I was involved in a drug/alcohol abuse clinic, but one of the patterns we used to look for was Monday & Friday absences from work.  Is there any reason to believe that your "FMLA" employee may have a drug or alcohol problem?

kldrake

Our company recently adopted a new policy regarding weekend shift for this reason.  Basically, if you are scheduled for a weekend shift and you call in for any reason it needs to be made up within 1 month.  I am an HR Director in the healthcare industry, we have a good number of per-diem employees, and having our employees at work is critical to not only to the business side but in providing high quality care to patients.  Things are improving in this area, this has seemed to work for most.  Hope this helps.