Family Medical Leave Act

[mudpuppy]

Does anybody else here have to deal with this almost every day of their lives?

The intent of the law was wonderful, protect employees with medical emergencies/conditions from unfairly being terminated by employers. Pregnant women, people with elderly parents or kids in need of constant, mostly short term care.

Its gotten to the point where I work where over 50% of the work force has one. Anybody can get one for anything. One guy has one for anxiety. Legitimate. But he only has an attack every Friday and Monday on beautiful sunny days. Another lady has sleeping disorders, so she doesn't have to be on work on time because she needs her sleep so strolls in whenever she feels like it.

The stories are just unreal. It never ends. Every time one calls in (almost daily), I have to cover for them. So I work 12 hour days almost every day and sometimes 7 days a week. Its ruining my life and I know the obvious solution is to get an FMLA myself for stress, but I'm old school and never miss a day. But believe me I may have to just to protect myself. Frustrated to the limits.

[CKM]

I don't think the FMLA covers that kind of stuff. It covers long term leave from work. What your describing is sick days. Sounds like your employer is a pushover. In reality your employer could hire someone to spy on these individuals for the day and video them golfing, etc. That would end that crap in a hurry. When I had prostate cancer and used FMLA, my employer required me to exhaust my vacation and sick days first before going on FMLA/disability for the rest of that time. That probably needs to happen at your place of employment.

[Suzuki]

I would figure out a way to eliminate the bad employees.

[doubleheader]

I know FMLA covers more than long term. I recently had to use it for what I thought might be up to 2 weeks to take care of my daughter after some surgery but turned out to be 2 only days. Supposedly we have an employee in the shop who is using FMLA exactly how Mudpuppy is describing it.

[LOW1]

FMLA time is unpaid, so if the problem employees are getting paid while lollygagging around it is because the employer has a too generous sick leave/disability policy.

The employer should establish job performance-related shortcomings for the employees and take action to fix the problem rather than letting it fester.

And you may want to have a discussion with your employer about what this is doing to your morale and to the other workers. Perhaps the employer feels that you are a willing patsy because you haven't discussed this with the employer?

[eriksat1]

http://www.dol.gov/whd/fmla/





Family and Medical Leave Act

Overview

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

• Twelve workweeks of leave in a 12-month period for:
  • the birth of a child and to care for the newborn child within one year of birth;
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • to care for the employee’s spouse, child, or parent who has a serious health condition;
  • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

• Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

[yaggie]

We consistently have 5% off on FMLA, They must take PTO time after which it is unpaid unless short term disability comes into play. In Minnesota the Governer now wants to pass law so most of the people om FMLA will receive I believe 80% pay. They state the workers would pay half and the company pays half and it would only amount to $1.70 per worker each week. I think the highly educated person who came up with that figure has the decimal in the wrong place.

[Whopper]

Originally Posted by CKM

I don't think the FMLA covers that kind of stuff. It covers long term leave from work. What your describing is sick days. Sounds like your employer is a pushover. In reality your employer could hire someone to spy on these individuals for the day and video them golfing, etc. That would end that crap in a hurry. When I had prostate cancer and used FMLA, my employer required me to exhaust my vacation and sick days first before going on FMLA/disability for the rest of that time. That probably needs to happen at your place of employment.

Nope, the following are one of the conditions to be granted FMLA

"a serious health condition that makes the employee unable to perform the essential functions of his or her job;"

You could basically have a hang nail and have the right doctor "code" the issue in your favor to beat what it was actually intended for.
A employer can make you exhaust all your sick and vacation days before the FMLA can be kicked in and they do not have to pay you for that time either

Edit
CKM it sounds like you used the FMLA the way it was intended to be used.

[bigwalleye1]

FMLA can work in the employer's favor as well, at least to some degree. If an employee is on an FMLA leave, the job is guaranteed while the employee is on an approved leave, but once the leave runs out, so does the job. There is no guarantee to hold a position open.

Some employers require an employee to "stay on the books" and use sick leave until that's exhausted. There's nothing that says FMLA has to be unpaid. It keeps employees from claiming FMLA, running out the 26 weeks, then starting to use sick leave.

Further, some employer pay some but not all of the insurance benefits. By employees staying on the books, using sick leave while using FMLA, the sick leave usage covers the employee paid portion of their benefits package.

As others have said, it's for serious medical conditions, as Whopper and eriksat1 identify. If it's for hangnails, the employer needs to grow a set and challenge it.

[locomoto]

FMLA abuse is rampant where I work. Funny thing is all the FMLA abusers tell me how lucky I am to have a nice truck, a nice boat, etc. I tell them that I couldn't have bought it all without their help. While they were at home doing God knows what I was making stacks of cash! I remember one guy had FMLA to take care of his elderly parents...but only on weekends. Well they both croaked about 6 months apart so I figured that would be the end of his FMLA...wrong again. Now he has some other FMLA deal. If I recall correctly its a severe case of whitetrashpaininmyassguydoesntwanttoworkandshouldb efired-itis.

For the record I go to work when I feel ill and call in sick when the Walleye spawn is on.....that reminds me I have to make a phone call.