FMLA to "childproof" house
vstass
4 Posts
We have had an employee request and receive FMLA to stay home and "childproof" the house. This leave was for two weeks. Thats a lot of "childproofing". Any thoughts?
Comments
At first glance it appears you might have been "snookered" into granting this leave. I can't think of a reasonable scenario that would require this childproofing as a solution to a serious medical condition. The bigger issue is now to get the employee's attention and orchestrate his/her return to work. It'll be too lengthy to offer you sound advice via this post, becuz we don't know all the details, but I would contact the individual and determine a return to work date. If childproofing is still not complete ?????? I'd ask for additional information to justify the request and pursue a 2nd opinion from another health provider. I would also make a note in your FMLA files acknowledging the error in granting the absence. This will help you from being ruled by this as a precedent and document that you made a mistake and corrected it as soon as it was possible. Lastly, and most importantly, I would arrange for some FMLA tr'ng for the individual(s) who believed this was an appropriate FMLA absence to ensure that the organization is not continuously exposed to clever employees. We all make mistakes------the important thing is that we learn from them!
[li]Was there a documented serious incident, i.e., emergency visit for swallowing poison cleaners, that might be referenced?[/ul]
It doesn't sound to me as though you have already granted FMLA. If not, barring either of the above conditions, I agree it would be a mistake. I do not believe FMLA leave was enacted to have parents fulfill their regular parenting duties during work hours; however, if the second condition exists, I would request medical documentation and probably err on the side of caution to grant the leave.
Frankly, despite what I said earlier, I would really have a hard time equivalating that problem to FMLA, but I do try to think outside the box. The day the employer not only has to manage the employee's time at work but also their time at home is the day that we have all lost.