Potential FMLA problem

LindaS · March 2004

I have an employee who had FMLA leave due to a chronic back condition. He failed to get his re-certification in on time so he was denied leave after a certain date (January 30th). Since that date he has put in a request for a LOA to attend his sister's wedding in FL (we are in WI). The request was denied. He has also used all his available vacation.

Now he has requested another set of paperwork, which he has been given although I have not seen the completed paperwork yet.

I'm anticipating that this time I will get the paperwork and, after it has been approved, he will call in claiming FMLA for the days of his sister's wedding. One other thing, the employee is driving to the wedding.

Due to the fact that his FMLA is for a back problem, how would you handle this situation? It hasn't occurred yet but I would be willing to bet it will.

My issue is, if the employee is too ill to sit at work for 8 hours, how can he drive to FL? I know you cannot dictate what an employee does on FMLA but if this does come to pass, how would you handle?

SMace · March 2004

You could always get a second opinion from your doctor. Schedule the appointment during the time off he needs for his sister's wedding. x}>

HR in CA · March 2004

I sympathize with you and this issue. We had a very similar situation, the employee could not do his job, but was free to travel 400 miles and work in his restaurant, doing more manual labor tasks than his job required. He used all 12 weeks, and received full pay for each day he was away. In hindsight we should have gotten a second opinion even though our in-house legal department said not to because we had never asked for a second opinion and our employee was in a protected class.

I hope the employee gives you the FMLA paperwork back in time to get a second opinion. Please let us know how this turns out.

Balloonman · March 2004

Mace great idea, I like how you think. If he is unable to attend the scheduled doctor's appointment make it clear then that the FMLA will be denied. You control the situation, not him.
My $0.02 worth!
DJ The Balloonman

njjel · March 2004

If his doctor certifies his illness/disability there isn't a lot you can do other than obtain a second opinion (at your expense of course). There is nothing in the FMLA regs that states an employee must stay at home to be qualified to be out on leave. As DonD has often said, pick the battles you wish to fight. I don't think this one is worth fighting. He will eventually be a victim of his own demise.

Potential FMLA problem

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