Employees abusing FMLA and Sick Time

March 10, 2018, 03:27 PM

Ronin101

I think you mean sick leave. FMLA is for longer duration outages up to three months paid or unpaid.

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
for the birth and care of the newborn child of an employee;
for placement with the employee of a child for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.

March 10, 2018, 03:40 PM

ador

If it will make more sense, I do work for a government agency. I am in the same boat with jljones. It makes our unit unsafe for both patients and staff when we are "short staffed". But the ones who are on duty picks up the slack. Morale in the unit is VERY low.

I am quite sure it is FMLA because it is clearly written on the staffing book when they call off.

We know several employees from different units who want to join our team. They cannot at this time since we are fully staffed (according to matrix).

March 10, 2018, 04:39 PM

DennisM

Devil's advocate: Employee is using FMLA time to care for a parent or child with a qualifying Serious Medical Condition. There's other coverage Tuesday/Wednesday/Thursday. Monday and/or Friday are on the employee. Alternatively, those are regularly scheduled appointments for therapy or treatment.

I agree that there is a whole subculture of sick leave & FMLA abuse, but occasionally, there's a glimmer of appropriate use.

March 10, 2018, 05:25 PM

ZSMICHAEL

FMLA is not the problem. It is the employee who manages to manipulate the law. There are many ways as an employer to get rid of troublesome employees. Having a union can make things more difficult.

March 10, 2018, 08:06 PM

gearhounds

OP, are you Federal? If so, it is a violation of federal law to change your schedule without negotiation with the union. Even if you’re not a fed, it’s possible that it’s in your union contract that management has to bargain to change it. That might be a way for management to be forced to deal with it properly, rather than taking it out on employees that do not abuse the system.

March 10, 2018, 08:08 PM

Wolfpacker

FMLA was a blessing for me as both my parents health failed late in their lifetimes.

It is a disgrace that people can abuse a valuable benefit!

March 11, 2018, 10:06 AM

Todd Huffman

What I despise is the earn it and burn it crowd. Soon as they get a day of sick time they’ll burn it.
I actually took a sick day today. Second time in eleven years. And I feel guilty about being away from work.

March 11, 2018, 12:02 PM

egregore

I have had my current job almost 3½ years and have missed two days. People are surprised to hear that.

March 11, 2018, 12:43 PM

ador

FMLA is designed to help out those who really need them (legit usage). But if someone is abusing it, then that becomes a problem. Even our department manager talks about the abuse but they kept on saying there is nothing they can do about it because it is the law. Union is not going to do anything either. Sometimes, I hear other good and hard working staff saying might as well join the club. I for example, have a medical condition that is classified officially by the agency as “disabled”. I filled the document when I was hired because I was required to. I can get FMLA paper work started if I want to. But I didn’t as there is really no need for now. There is this other employee who got FMLA papers for something less than what I have.

March 11, 2018, 05:58 PM

xwesler

quote:
Originally posted by ador:
If it will make more sense, I do work for a government agency. I am in the same boat with jljones. It makes our unit unsafe for both patients and staff when we are "short staffed". But the ones who are on duty picks up the slack. Morale in the unit is VERY low.

I am quite sure it is FMLA because it is clearly written on the staffing book when they call off.

We know several employees from different units who want to join our team. They cannot at this time since we are fully staffed (according to matrix).

While I don't think we doubt what's being written, I'm with Ronin that it may not be the correct term. It may be being recorded improperly?

Maybe it's because I have a thorough HR, but there's just no way to initiate FMLA for my company for a single day...it'd have to be a sick day or something along those lines.

March 19, 2018, 12:35 PM

sw4566

Having dealt with FMLA from a management perspective inside my organization, can FMLA be abused? Absolutely. But what you are describing sounds like a management/HR team that lacks the requisite knowledge and willingness to deal with appropriately.

March 19, 2018, 02:14 PM

GWbiker

When I worked for the Commonwealth of Pennsylvania, FMLA had to be applied for thru the usual channels. usually it was granted, then sick leave/vacation time was used up first, before FMLA would kick in.

At that time, FMLA was designed to help keep a workers job secure when that person ran out of combined leave due to unplanned family/personal sickness.

Those workers abusing sick time were put on a "leave restriction", requiring a Doctors note upon return to work. Sick leave abuse had been costing Pennsylvania taxpayers millions each year.

March 19, 2018, 02:55 PM

caglio

I believe my work has a policy that you need to use your personal/vacation time up before going on FMLA.

quote:
Originally posted by jljones:
quote:
Originally posted by nukeandpave:
Friday Monday Leave Act. 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.

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.

March 19, 2018, 05:49 PM

Echtermetzger

if it involves people, somebody will find a way to cheat, steal, break or destroy it.

Document any non-FMLA infractions and use those as just cause. Don't even mention FMLA.

March 19, 2018, 07:18 PM

Elk Hunter

quote:
Originally posted by ador:
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!!!

When I was in management at IBM I noticed after a few weeks that 2 of my employees had a rather lot of sick days. Pulled the records from finance to check details.

Both of them had more than 90% of their sick days on either Friday or Monday. Hmmmm.

Called them in, 1 at a time, and kind of hinted at the issue and asked if they had doctor certificates since they had so much sick time.

Not doctor certs. Got one of them to admit that they were playing in a band and needed Friday and Mondays to travel and play in the band.

Ended that shit, real quick! Told them if they called in sick again they better have a doctor's certificate, or be calling from the hospital. It worked.

Elk

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The Idaho Elk Hunter