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EE changes reason for leave

LindaSLindaS 1,510 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
On August 30th I had an employee come into my office to explain that he had to leave the previous Friday because his daugther and her husband went out the night before and got drunk so they were unable to watch the two kids (the EE and his wife actually have custody of the kids). He stated that his wife was unable to care for them as she needed to take some medication for her back condition and he wanted his time missed under FMLA. I calmly explained that babysitting is not FMLA qualifying and he would receive "points" for the absence.

Today I had the union rep. come into my office requesting FMLA paperwork as he plans to get his absence certified by stating that he needed to be home to take care of his wife.

I'm really frustrated that this EE thinks that I will excuse his absence after receipt of the certification because he is changing his reason for being home.

Thoughts?
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Comments

  • 3 Comments sorted by Votes Date Added
  • deniseEdeniseE 902 Posts
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    At the end of the day the reason that will matter most is the one on the document, certified by the doctor.

    The EE came to you and was honest...and couldn't accomplish what he wanted/needed to...he found a loophole.

    This will happen from time to time, as with any policy intended to benefit....don't lose any sleep over it...and try not to hold it against the ee.
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  • Don DDon D 9,834 Posts
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    I would thoroughly document every precise piece of this puzzle, deny the leave and cinch up my belt. I'd welcome arbitration or a DOL investigation. Stick to your guns, follow your gut, do the right thing and good luck. If you lose it, all it's gonna cost you is removing a point. If your documentation and facts and testimony are solid enough, you'll win it.

    When we buckle to dishonesty and fraudulent pressure, we send one helluva strong message. We also send a strong message when we stand up with our credibility and say 'no'.
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  • szemcumoszemcumo 205 Posts
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    Since it was only one day and the wife was not hospitalized would this even certify as FML?
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