Unfair places in the workplace are not new. In fact, more than 30 percent of employees caused sickness when they didn’t actually get sick, according to a nationwide CareerBuilder survey of more than 3,400 employees in various industries and company sizes.
Outside of monthly medical leave, what can an employer do if they are facing a long-term medical leave, which can be fraudulent?
For example, to Bob Smith. There is no debate that Diana Jones has a new Disney coffee mug sitting on her desk. But how should the employee deal with the situation?
Before blaming Bob for working in a theme park, first check for accuracy and relevance:
- Is it possible that Bob ordered gifts on line?
- Is it possible that the gifts were in Bob's closet since his last vacation?
- Were there really gifts from Bob? Is there an unspoken intention on the part of employees to reveal this recent gift? Information?
Unfortunately, most employers do not have the time or resources to conduct detective research in determining the legitimacy of absences. The key to these medical leaves is to look around to see if the disease really exists, instead of just hiring the word for it.
POLICY
The easiest way to start the absenteeism process is to review the current policy guide. What word do you have for attendance? Do you have anything written? Some companies require an employee to call a withdrawal line when reporting an absence; others require that the doctor tell you to return to work if he is not present for three or more days. Another practice is an intensive Q & A front with an absent employee: [Will they see a doctor for their illness? What duties of the job can they not perform? The specific reasons for the absence? When do they expect returning to work? Etc.]Does your policy have content that clearly defines what is considered excessive absenteeism?
Employers who mark their line in the sand in front with new employees often have a less difficult time later during the employee’s stay. However, setting up, promoting and adhering to the policy with all employees can have a significant impact on the overall daily visit.
But what of the extended medical absence leaves? These leaves last no more than one or two days? Are these employees automatically available to the FMLA?
FSSA
The FMLA requires employers to provide up to 12 weeks of unpaid leave to eligible employees for the following reasons:
• disability due to pregnancy, prenatal care or childbirth;
• take care of a child worker after birth or placement for adoption or foster care;
• Caring for a spouse, son or daughter, or parent who has a serious health condition; Egypt
• For serious health conditions in which an employee cannot perform an employee’s job.
The law on family medical leave was passed to protect workers who might otherwise be terminated as an indirect (or direct) result of serious medical or pregnancy-related / child related issues.
But are these sheets mandatory? What rights must employers provide expanded medical sheets covered by the FMLA are legal? Before you drop the towel and start giving Bob a Disney wish list, consider the following:
1. You can request medical certification. This means that your employee must provide documentation from a certified medical professional. There are certification forms available for both the Employee’s Serious Health State and the family member’s Health Status. [both forms can be found HERE ], Be sure to specify the job description of the employee when sending these forms to your doctor.
2. You can request additional clarification from your own doctor.
3. You can establish compulsory and reasonable re-certification, which means that an employee must complete step 1 as many times as re-certification applications.
4. You may need personal certification. This means that the employee acknowledges the reasons why he or she is taking medical leave related to the FMLA. If it is determined that a person has resigned, which does not correspond to his or her personal certification, this may be the basis for the discipline.
As with all policies, enforcement must be fair and equal. Do not give one employee all the documents and another employee just a few forms. Store all FMLA documentation in a separate FMLA folder in a medical box. If you decide to keep FMLA certification forms in an employee’s medical folder, make sure that it is clearly identified as FMLA certified documentation.
While most of the dilated medial leaves are legal and necessary, the fraud in the abuse of these leaves and the abuse of the FMLA are “popular” enough to justify several forum discussions and confusion and frustration of the employer.
Avoid erroneous attempts at discipline as long as you do not have all the facts, documentation and a solid accusation of fraud. Even then, proceed with caution.
* All names in this article are fictitious. This article should not be construed as legal advice. If you think an employee is misusing medical leave or is abusing FMLA, contact an FMLA attorney to discuss your options and employer rights.
