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Employees abusing FMLA and Sick Time

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March 09, 2018, 03:28 PM
ador
Employees abusing FMLA and Sick Time
It is now becoming a trend for employees at my workplace to have some kind of FMLA on their file. I understand that for some, it maybe a legitimate FMLA reason. Come on!!! Calling in sick (using FMLA excuse) at the same day of the week (either before or immediately after) their regular weekend off is becoming a pattern. Management can't do shit! When these same people calls off (FMLA), Supervisor ask someone to stay OT so that night shift will have enough staff. Good for some people from my crew. (I don't like working OT). Last week, someone from high above said no more OT to cover those who ALWAYS call in sick. Now, they are trying to move some of our regular evening crew to work weird shift (7PM to 0330) to have a "back up", just in case someone calls OFF from the night crew. WTF?

The management are scared to do something because those who abuse the system always run to the union to file complaint whenever they (management) try to discipline them. Management also said they cannot question them when they use FMLA because it is the law. Even a blind person can see that they are abusing the system.

I say get rid of these people and hire someone else who will do the job. Rant off!!!


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P228 - West German
March 09, 2018, 03:44 PM
Aeteocles
Hire some HR people with some balls who know the FMLA rules. FMLA only applies to certain qualifying medical and family events, and there needs to be documentation.

https://www.dol.gov/whd/fmla/employerguide.pdf

Now, from what it sounds like, it's not really FMLA being used. Sounds like you just have a sick time and paid time off abuse.
March 09, 2018, 03:55 PM
egregore
So do any of them call in sick on Friday (or whatever your payday is), but come in to pick up their check?
March 09, 2018, 03:56 PM
ador
When we check the schedule book, it is always marked with “FMLA” when they call OFF. To get paid, we were told they use their Sick Time. I just got a text from one of our evening crew. He was asked to work night shift tonight to cover what? Another call OFF. Now, we are short one person with our crew for evening shift.


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P228 - West German
March 09, 2018, 03:57 PM
ador
Nope. Direct Deposit I suppose.

quote:
Originally posted by egregore:
So do any of them call in sick on Friday (or whatever your payday is), but come in to pick up their check?



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P228 - West German
March 09, 2018, 04:06 PM
nukeandpave
Friday Monday Leave Act. Mad I hates it.
March 09, 2018, 04:16 PM
xwesler
Something definitely needs to be looked into if they're using FMLA.

I have employees with legitimate medical conditions that voluntarily moved from FT to PT because of those medical conditions because they couldn't get FMLA. There's documentation, forms to be signed, etc etc on my end to even get the ball rolling.


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The first 100 people to make it out alive...get to live.
March 09, 2018, 04:26 PM
ador
Here is what is really bad. We are self scheduling employees. But, it is also by SENIORITY. Those staff who use FMLA the most have the mosy seniority. So, they pick night shift to get full night pay differential AND want to work weekends to get the weekend differential. So, when they feel like NOT showing up for work, they lose all that extra pay. However, they do get all
Of those pay differentials when they DO SHOW UP for work.

If they really need specific days of the week to be off, management can adjust their work schedule to accomodate. Instead of leaving the unit short staffed.


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P228 - West German
March 09, 2018, 04:32 PM
side_shot
i used to have a guy call out for weeks with a note from doctor summer off


"They that can give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety."
--Benjamin Franklin, 1759--


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March 09, 2018, 04:36 PM
Fredward
Weak HR and weak managers. HR needs to learn the rules and teach the line supervisors and managers. Whether the absence is FMLA, FFLA, sick leave, or an unauthorized or unpaid absence can be determined later by the HR. Documentation can be required. Further, patterns of abuse (calling in on Fridays, etc) can be tracked and employees held accountable. It takes teamwork and knowing "the book," but it can be done.
March 09, 2018, 07:37 PM
Voshterkoff
quote:
Originally posted by nukeandpave:
Friday Monday Leave Act. Mad I hates it.


Accurate
March 09, 2018, 11:02 PM
Orguss
quote:
Originally posted by side_shot:
i used to have a guy call out for weeks with a note from doctor summer off

Someone should have just told him to become a teacher.



"I'm yet another resource-consuming kid in an overpopulated planet raised to an alarming extent by Hollywood and Madison Avenue, poised with my cynical and alienated peers to take over the world when you're old and weak!" - Calvin, "Calvin & Hobbes"
March 10, 2018, 12:10 AM
KMitch200
If they have a legit FMLA doctors note on file, too bad. It's a legit use.
Some may be seen as playing the system but I prefer, "I didn't make the system, I'm just using the system provided."
If it isn't working, make a new one.

The only thing you can do is hammer the ones that *aren't* within the guidelines. Otherwise, let those who want the extra hours pick them up and lighten up Francis.


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After the game, the King and the pawn go into the same box.
March 10, 2018, 06:18 AM
remsig
quote:
Originally posted by KMitch200:
If they have a legit FMLA doctors note on file, too bad. It's a legit use.
Some may be seen as playing the system but I prefer, "I didn't make the system, I'm just using the system provided."
If it isn't working, make a new one.

The only thing you can do is hammer the ones that *aren't* within the guidelines. Otherwise, let those who want the extra hours pick them up and lighten up Francis.


You obviously don't have to deal with the repercussions of FMLA abuse. My work has the same issues as ador above. We even have people who "are sick" on Friday but come in Sat (time and a half) and Sun (double time.) FMLA itself is a good thing. Allowing people to abuse it, not so good. As others have said, get an HR department with balls; my HR has dept has none and let's the union run the place because we're making money like crazy but that's another rant for another day.
March 10, 2018, 08:04 AM
AirmanJeff
I would bet any government employee, whether federal/state/local, would be able to tell at least one story of FMLA abuse. And if they can't they've likely never been a supervisor.
March 10, 2018, 09:46 AM
ador
Maybe you missed the part where I said management do not want to pay OT anymore. They are now pulling someone from my shift to work (to cover) the shift of those who always calls in sick from night shift. Management already noticed the pattern. They are the one who told ua that they cannot question their FMLA. If the reason is legit, then why not request for a different work schedule to accomodate the days off they need? Key thing to remember is that there is a PATTERN (Call Off that is right before or immediately after their 2 days off).


quote:
Originally posted by KMitch200:
The only thing you can do is hammer the ones that *aren't* within the guidelines. Otherwise, let those who want the extra hours pick them up and lighten up Francis.



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P228 - West German
March 10, 2018, 10:56 AM
Graniteguy
Unless your shop/place of work is union - there are all sorts of ways to implement creative incentive plans that will eliminate much of this nonsense.
March 10, 2018, 01:44 PM
zoom6zoom
quote:
told ua that they cannot question their FMLA.

Requiring documentation isn't "questioning:, it's "meeting requirements."




I have my own style of humor. I call it Snarkasm.
March 10, 2018, 02:22 PM
jljones
quote:
Originally posted by nukeandpave:
Friday Monday Leave Act. Mad I hates it.


We've got one employee who hasn't worked a full year in the last 6. Each year, she is off AT LEAST 3-4 months per year. Various illnesses and ailments. But, here is the best part.......before she goes off on FMLA, she takes a week or two weeks vacation....AND THEN GOES ON FMLA. No one says a thing. Her days off used to be Friday and Saturday, and her boyfriends days off used to be Saturday Sunday. You could set your watch by her calling out one, if not two, Sundays per month.

Management says nothing. Employees that complain about the blatant misuse of this get labeled as troublemakers, complainers, woman haters, etc.

Good to see that it goes on in the private sector as well. Big Grin

quote:
Originally posted by KMitch200:
If they have a legit FMLA doctors note on file, too bad. It's a legit use.
Some may be seen as playing the system but I prefer, "I didn't make the system, I'm just using the system provided."
If it isn't working, make a new one.

The only thing you can do is hammer the ones that *aren't* within the guidelines. Otherwise, let those who want the extra hours pick them up and lighten up Francis.


This is much of the same attitude that our serial abuser has. Sees ABSOLUTELY nothing wrong with fucking her coworkers over. Oh, and there is no overtime, they just run short and put officers at risk because there isn't enough units working. Everyone has to work harder, carry the load, all the while videos surface of the sick/injured/ailing employee on a house boat, intoxicated as fuck, partying her ass off. People that abuse the system are a large part of the problem, and their work ethic shows it.




www.opspectraining.com

"It's a bold strategy, Cotton. Let's see if it works out for them"



March 10, 2018, 03:13 PM
ulsterman
A smart, educated HR person can work around FMLA. We had a guy who would go out on FMLA at the start of winter and come back in the Spring. Nick name was Jesus, because he would show up around Easter. New HR guy made him toe the line for frequency and duration of his FMLA. Beat the guy at his own game and ended up firing him.