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Misuse of family leave

AKHRManagerAKHRManager 2 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
this my first time using this, hopefully I do it right. Has anyone had experience dealing with an employee who has misused their FMLA absence (required absence from work due to impending surgery) and really ended up on vacation - for example? What if the doctor supports that? Thanks
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  • ritaanzritaanz 2,665 Posts
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    I need more information. Is the employee off of work due to doctor's orders? Is she restricted to the home and/or bed?
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  • AKHRManagerAKHRManager 2 Posts
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    This person initially asked for the time off to go on vacation but it was denied. She then indicated that she had to have surgery and would need to be off work during the period leading up to surgery and for up to 6 weeks after. We received something from her doctor that said she was not to report to work. In addition, when speaking with the employee, she told us (me specifically) that she was "bleeding to death" waiting for her surgery. I asked her if she still had every intention of going on her vaction (since it fell before her surgery). She said "NO."

    We found out that she was in Las Vegas for the same period she'd been planning all along. We called her there, at the hotel. Upon her return to the State, we told her to come in for an investigative hearing on the matter. She arrived back in the State just two days before her scheduled surgery. She got us another doctor's note that said she could not report to work during these two days. We were stuck not being able to question her about this. She had her surgery and will be back on the 6th.

    So, that's the story. Question is, what would you do. We have some ideas of all the documentation we are going to require her to provide but I'm curious what others would do.
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  • SMaceSMace 1,481 Posts
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    Before you allege anything, understand that just because someone is on FMLA doesn't mean they have to be confined to their house. It doesn't mean they can run the Boston Marathon either. If your FMLA policy has a second opinion provision (hope it does) get one. If second opinion disputes first, you get a third from a doctor that is mutually agreed upon. Stick to the facts and don't get caught up in heresay. It will come back to bite you.

    Stephen
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  • Margaret MorfordMargaret Morford 1,143 Posts
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    Did you get the doctor to certify her for FMLA or did you just get a doctor's note? If you don't have FMLA paperwork from her doctor, give her the forms. See if her doctor will certify her. If he certified her, you can get a second opinion and send her to the doctor of your choice if you pay for it. If your doctor says she didn't need to miss the time, you and the employee will have to agree on a third doctor. If you get to the third doctor stage, you need to get some legal advice.

    Margaret Morford
    theHRedge
    615-371-8200
    [email]mmorford@mleesmith.com[/email]
    [url]http://www.thehredge.net[/url]
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