mental health and FMLA
atrimble
327 Posts
Employee has been absent part or whole days for 24 days of the past six months, including two consecutive weeks. Employee's supervisor warned EE of possible discipline for poor attendence, then EE requested of me any form of assistance or job protection. Employee's 12-year old son has been in and out of school and in and out of trouble with the law for at least a year (and maybe as much as three). The son was arrested in May for marijuana possession, and, as part of the local juvenile justice system, he was referred to a rehab clinic, where he stayed for a week and was then referred to outpatient counseling at a half-way house. Son is now in trouble again, and is being referred for a psych evaluation at the end of December as part of his probation. I was aware of situation since May, but didn't make the possible FMLA connection until the supervisor's write up.
I am thinking that since the son did inpatient time at a "hospice" and was supervised by a health care provider, the employee's absences could be covered by FMLA if he can get a health care professional to certify that a serious health condition exists. But the son is not receiving on-going counseling nor is he on any medications. (Employee is otherwise eligible for FMLA.)
Am I stretching too far on this? Do I have to work so hard to keep this employee? Am I missing anything in this process? Do I have to wait until someone actually diagnoses a medical condition before enacting FMLA, or do I suggest the employee go back to the inpatient clinic to have that doc certify a SHC. And do mental conditions ever qualify for FMLA protection? Keep in mind this is a family member, not the employee. Oh, and I'm aware that ADA may be involved, if someone certifies that the son is in fact mentally disabled... AAARRRGGGGHHHH!
I am thinking that since the son did inpatient time at a "hospice" and was supervised by a health care provider, the employee's absences could be covered by FMLA if he can get a health care professional to certify that a serious health condition exists. But the son is not receiving on-going counseling nor is he on any medications. (Employee is otherwise eligible for FMLA.)
Am I stretching too far on this? Do I have to work so hard to keep this employee? Am I missing anything in this process? Do I have to wait until someone actually diagnoses a medical condition before enacting FMLA, or do I suggest the employee go back to the inpatient clinic to have that doc certify a SHC. And do mental conditions ever qualify for FMLA protection? Keep in mind this is a family member, not the employee. Oh, and I'm aware that ADA may be involved, if someone certifies that the son is in fact mentally disabled... AAARRRGGGGHHHH!
Comments
Yes mental conditions may qualify for FMLA. And this could qualify.
Why is the employee still employed after missing 24 days in six months (including 2 straight weeks) without FMLA protection?
Employee freaked out upon receiving the write up and came to me and just started talking.
>Why is the employee still employed after missing
>24 days in six months (including 2 straight
>weeks) without FMLA protection?
He's gone into a leave without pay situation twice due to these absences related to his son (meaning he had accrued leave on the books for the rest of the absences). He hasn't been gone the entirety of each of the 24 days, some of them were just two or three hours here and there (drive son to inpatient care in another town, take son to counseling, etc.). I think only 12 of the days were full-day absences. Their use was reviewed ("approved") under our Emergency Leave policy that dealt with exentuating circumstances. The employee was about ready to get kicked out of his apartment because the son who is on the lease was involved in gangs/drugs/violence/truancy, etc. The probability of losing one's housing qualifies as an extenuating circumstance.
Oh, I just got the question ("without FMLA protection"). Because I didn't push the point when he first asked for time off to take care of his troubled son. I was not aware there were drugs involved or that the son was an inpatient until the employee came to me today.
She should be disciplined according to your policies at this point. I don't see anything in the above post that would indicate FMLA for all those absences. Remember, even if the son DOES have a serious health condition (and that remains to be diagnosed), going to his court hearings, etc. does not qualify her for leave under FMLA.
Now, you always have the right to grant some type of leave to her outside of FMLA but remember that what you do for one you do for all.
"Employee's 12-year old son has been in and out of school and in and out of trouble with the law for at least a year (and maybe as much as three). The son was arrested in May for marijuana possession, and, as part of the local juvenile justice system, he was referred to a rehab clinic, where he stayed for a week and was then referred to outpatient counseling at a half-way house. Son is now in trouble again, and is being referred for a psych evaluation at the end of December as part of his probation. I was aware of situation since May, but didn't make the possible FMLA connection until the supervisor's write up."
I'm not sure with what's stated here that the employee has had to care for the serious health condition of the child - it sounds like the courts and the rehab clinic has. I think I would stick to your attendance policy and let the ee know he has to show up for work or rearrange his hours. Of course the ee can always go to his own doctor and say he's so depressed by everything happening to his son that he can't even get out of bed in the morning...xB-)