FMLA - Making up the time???

walarcon

I have a similar situation in reference to CWinMN post on 11/26/08.  I have an ee that needs intermittent time off for chronic illness flare-ups.  The physician has certified that the ee may be required to be off 1 to 3 times monthly due to these flare-ups.  The ee consistently reports to work late and claims FMLA.  The ee also misses 1 to 2 complete 8 hour days a week and claims that as FMLA as well.

Here is my dilemma:  The ee's supervisor is allowing the ee to work through lunch to make up some time.  If the ee takes 8 hours as FMLA on Monday, then works through the one hour lunch periods for the following 4 days, the ee is only being charged 4 hours of FMLA (since she was allowed to make up 4 hours).  In essence, we have allowed the ee to take a whole day off as well use an additional 4 hours of FMLA at a later time.  In my opinion, if 8 hours of FMLA is used, 8 hours should be charged.  I have not been successful in finding any written guidance regarding this matter.

We are in the process of having the ee re-certify.  I would appreciate any information, recommendations, or suggestions anyone might have to help me with this issue.

Many thanks in advance!

TXHRGuy

A few items...

1. If the person takes 8 hours of FMLA time, it's 8 hours of FMLA time, regardless of what hours they work later in the week.
2. Are you operating in a state with break laws?  If so, your supervisor is possibly allowing the employee to violate those laws.
3. It sounds like the leave being taken is well in excess of what is suggested in the cert.  You are probably entitled to re-cert.  There are some aggressive ways to treat this but you would have to change your policies.  If getting some lawyer time is within budget, I'll give you some things to ask the attorney to look up or, depending on where you are, I can recommend an attorney. 

walarcon

Thank you for your expedient reply.  I'm in San Antonio, Texas.  I have tried to explain FMLA time taken ~ IS ~ FMLA time taken to the supervisor as well as the division chief, but both allow her to work through lunch.  We use a clock in and out system for non-exempt folks.  We also use SAP to record leave entries which is also tied to an FMLA workbench.  You are correct about the ee's leave usage exceeding the cert.  That is what raised a red flag in the first place.  

You mentioned some aggressive ways to treat this.  I solicit your suggestions.

Thanks Again!!!

TXHRGuy

Please contact me at txhrperson at y a h 0 0 d 0 t c 0 m.  Several issues going on here, like who determines what is and is not FMLA time.  If your line supervisor or business managers are making that decision, there's something wrong with your company's setup.