fmla abuse

mickeyrowe · July 2003

I work for an "at-will" agency, Sheriff's Office.
We currently have an employee out on FMLA, with knee surgery. The leave started with being a week long, then at DR. follow up visit was extended for another week. Still no problem. On June 26, 2003 EE turned in a doctor's note for EE to be on "total disability until July 10, 2003. (Could not even come back to work - sitting duty only) Today 7/1/03, I contacted her residence and her husband informed me that she was on a week's long CRUISE in the Bahamas. Is this not a clear vioatation of FMLA abuse by the employee?

cthr · July 2003

Not sure how this is abuse. The Dr said sitting duty only. Many people go on cruises and never leave the boat. I think this would be a hard case to prove unless you actually had pictures of her dancing or mountain climbing, etc.

LindaS · July 2003

I agree with Cthr - I think you would have a hard time proving FMLA abuse in absence of video showing her engaging in some type of physical task (dancing, etc.). I understand your frustration with this case but both federal and state regulations make it next to impossible to dictate how an employee spends their time on FMLA leave as long as the medical certification is in order.

watrsflo · July 2003

Frustrating? Yes. Recourse: limited.

This is further justification that HR Analysts (by whatever title) should periodically be booked by their employer for CRUISES in the Bahamas, (and anywhere else, for that matter) -- just to ensure there isn't an abuse of the system. x:D

lorrie · July 2003

I understood your question differently. Did you mean that the employee could not return for anything, NOT EVEN sitting duty? In my opinion this changes the situation. If this were one of our employees, I would definitely check the situation further and see if there is any recourse. Unfortunately, the law is still on the side of the ee, but it would be worth the trouble to look into.

cthr · July 2003

Even if the Dr stated that she couldn't return to sitting duty only, I still don't think it is FMLA abuse. If she were home, she would still need to either sit or lie down. You would be hard pressed to say that she is abusing FMLA, because she is on a cruise. She can just as easily sit or lie down there as at home.

cthr · July 2003

I still don't think you have a case. She still would need to sit or lie down at home. Unfortunately the law doesn't say if you are on FMLA you MUST stay home. I would say leave it alone unless she brings back pics of her dancing, etc.

mickeyrowe · July 2003

This ee could not return to work even to a sitting job. So therefore I was concerned about how she could go on a cruise?! Also, in NC by working for a County Sheriff, you work at the will and pleasure of the sheriff. Therefore, any ee working for a sheriff could be "fired" and "hired" at the sheriff's decretion. I just am trying to get info to help cya. Thanks for your replies. x:d

mbeam · July 2003

Interesting dilemna - 1) I'm assuming that she didn't take a ship directly out of NC so that means she would have had to get to the dock whether it be by car (in which case she should have been wearing a seatbelt and sitting up in some form) or by air (again some type of sitting involved). Was she given the opportunity to work part-time hours to accomodate her condition? (2) Is she eligible for disability? If so, we have found it helps to pass along this type of feedback (assuming you aren't self-insured) to the carrier.

cthr · July 2003

>This ee could not return to work even to a sitting job. So therefore
>I was concerned about how she could go on a cruise?! Also, in NC by
>working for a County Sheriff, you work at the will and pleasure of the
>sheriff. Therefore, any ee working for a sheriff could be "fired" and
>"hired" at the sheriff's decretion. I just am trying to get info to
>help cya. Thanks for your replies. x:d

You seem to be getting hung up on this cruise issue. Did you not think she was going to be sitting at home? Personally if I had to be in sitting in pain somewhere, I would rather be on a cruise ship then at home staring at four walls. Just because you are an at will employer doesn't mean that you don't have to follow the law regarding FMLA. If her doctor has provided the paperwork saying she can't work and she has not exhausted her FMLA leave, I wouldn't advise firing her. Talk to your legal counsel.

mmurnahan · July 2003

We had an employee out on FMLA and went to Europe!! The employees in the department (which was understaffed and overworked) were very upset about it. But there really nothing that can be done. This may have been a cruise that was booked long before she had the problem. She could have still gone, and spend much of her time in a wheelchair. Let's hope the good salt air is also good for her health and she comes back rested and ready to return to work. It's frustrating for the department that is suffering from being understaffed, but it could be possible that a person is not able to physically work and yet able to enjoy a cruise.

Hatchetman · July 2003

You're only recourse is to seek a second opinion if you think the doctor's diagnois isn't accurate. But you should have done that earlier, boefore she left on the trip. Ignore the cruise.

fmla abuse

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