FML for "stress"

Situtation: Employee was recently disciplined for leaving work without permission. Then yesterday, she announced that she has an appointment with our EAP on 8/1 and that she will not be back at work until after the appointment, due to stress.
Background: Employee has been complaining that she has not been trained on new equipment while other, younger employees are. (These employees were recently hired for these responsibilities). Supervisor has told her that he is not going to train her in a new area until her performance and attendance in her current responsibilities improve. She claims she is stressed b/c she is not being trained on the new equipment.

Supervisor wants to treat this as another unexused absence and discipline, but are we obligated to go the FML route, based only on her statement that she is "stressed" (no doctor's note).

Comments

  • 6 Comments sorted by Votes Date Added
  • Simple. No doctor's certification, no FMLA. Follow your attendance policy.
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-25-07 AT 02:09PM (CST)[/font][br][br]Thanks...so, would you send her a FML letter asking for certification, etc., based soley on her saying that she is stressed?

    As far as we know, she has not even seen a doctor yet, all we have is her statement that she is stressed and that she is going to access the EAP.
  • Give her the FMLA paperwork and explain to her that only a doctor can put her out of work until 8/1. By the way, is she eligible for FMLA? I might even take the time to tell her where she stands with her attendance and company policy.

    Stress. Ha!
  • Agree with the others. She does not have the right to DECIDE that she is going to off work for a week until she sees a doctor, and I doubt that a doctor will certify her off for that period of time anyway.

    I would send her the paperwork and inform her that she is required to provide the medical certification verifying her need for time off work. See what happens and if the doctor certifies the condition, there isn't much you can do, although I would be tempted to fight it if the doctor certifies her off for an entire week without having seen her.
  • I agree with others in that I would send her the FMLA paperwork and see what the response says.

    However, there could be another issue brewing. Your statement that "younger" employees have been trained on new equipment, but she has not, raises the flag of a possible age discrimination claim. So, the first question I would want answered from the supervisor is: Is the employee being held accountable for work that requires the use of the new equipment? If yes, then he better start training her on the new equipment immediately. If not, he needs to make sure the employee understands that she should not be using the equipment. It could be that what the employee characterizes as "stress", is really "worry" that she is being expected to perform on equipment that she doesn't know how to use.
  • Agree with the others -- no certification, no reason to be off work. Another point -- I would be careful of the fact that she is claiming the "stress" on not be trained on new equipment useage. She may "injure" herself by not being trained, then you have another problem or she could be claiming "stress" as workers comp/fmla issue.
Sign In or Register to comment.