What would you do

safety · May 2004

We have an ee who called in on 5-3 to say he needed to take his wife for a Dr. appointment; she had a c-section scheduled on 5-6. He stated he would be in around 9:30 AM; his regular start time is 7:00 AM. He never called in after 9:30 but came in the next morning and asked for the rest of the week off on vacation. We were aware of the c-section date and had provided FMLA paperwork to him previously. The physician returned the paperwork stating his need to be off to care for his spouse from 5-10 through 5-15. He returned to work on 5-17 and today called in to state he had to take his newborn to the Dr. for some blood work.

His supervisor wants to hold 5-3 and 5-18 against his attendance record. Would you approve 5-3 and 5-18 under FMLA? The supervisor is upset that the ee never called back on 5-5 to say he wasn’t going to make it in due to whatever reason, and he never stated the time of the Dr. appointment today. Should I give him yet more FMLA forms for the two other events? Again his physician approved 5-10 through 5-15, not 5-3 and 5-18, and 5-18 is an event that he apparently was needed to care for his newborn and not his spouse.

In my mind I believe he was needed for the first absence although he should have followed up with a phone call, I feel this should be approved as she had a problem pregnancy and no doubt was needed to take her to the Dr. I am not clear on the second event. His spouse is not able to take the newborn to the doc and no doubt he was needed again but does this qualify for FMLA? I feel that I should provide the paperwork to him. Three day rule - I'm again not clear on my course of action.
Any insight from my Forum friends would be appreciated, thanks.

Don D · May 2004

Caring for a dependent child (a newborn) who is not capable of self care would certainly suffice for me to approve the lad getting to the doctor. It's a long walk otherwise for a little one. Rather than split these hairs sideways, then lengthways (they might be locks), I would also approve the first incident when he took his wife to the appointment, although it was possible probably for her to drive herself. In assessing the overall situation, I think I would find that the ill-will and bad vibes created by disapproval of either would last much longer than the supervisor's temporary heartburn and urge to win his point.

smaces_twin · May 2004

If you follow Don's advice, I wowuld get additional FMLA paperwork to cover the other absences. You could also discipline for failure to call in as long as you have a clear policy stating such. They may appease the supervisor and you may have a win-win.

BarbB · May 2004

By all rights, the husband is eligible for FMLA for 12 weeks anyway. I agree with Don D that it makes for much better working relations if you just allow him the time needed to care for his wife and newborn as long as they are for legitimate reasons. You definitely should have documentation designating the time as FMLA and he needs to communicate with his supervisor when he will be needing to be out for FMLA reasons. I would make it very clear to him that in the future, he needs to notify his supervisor as early in the day as possible if he will be absent, otherwise it will be counted against his attendance. You want to work with him as much as you can, but he can't leave his supervisor wondering if he is going to show up for work that day.

marc · May 2004

I think the others have covered it. But you might slip this EE a word to the wise and have him get a bit more proactive with his doctor about future absences. A bit of planning and communication would go a long ways toward knowing the FML covered absences in advance.

safety · May 2004

Thanks for the replies to my post. I appreciate the insight from the Forum. Once again he called in today with no specific reason given as to his absence. I plan to call him today and extend some more FML forms to him.

Don D · May 2004

Safety: You may have read my FMLA horror story about the engineer with three kids under the age of 5. He repetitively felt a need to be at home. Long story short, I required a new set of FMLA forms and they came back stating "Care for children secondary to his wife's condition." In other words, he was needed to babysit, which is not FMLA covered and he was denied. He wanted to do this four days per month forever. Watch for the babysitting clues.

Whatever · May 2004

However, he is entitled to 12 weeks to bond with the new born child. (when they are this young, it not babysitting, it is bonding). Best bet, is to work with him and insist that there be prior notice.

What would you do

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