Good news: Managing employees out on sick leave and spottingjust got easier.
As a recent court ruling shows, you can call and check on employees to make sure they're resting at home duringmedical leave. Or you can require them to contact you whenever they leave the house during their sick leave. That way, you can ensure employees aren't just playing hooky.
Recent case: Because David Callison regularly took time off for anxiety and stress from his city maintenance job, the city added Callison to its "sick abuse" list and required him to obtain a doctor's note for all sick days. He eventually was approved for three months of.
The city expected sick employees to stay home, except for doctor's appointments or other reasons related to the sickness. The city's policy required sick employees to call its sick-leave "hotline" when leaving home for any reason while on sick leave. Plus, it promised to check up on sick employees with calls and personal visits.
Callison twice was "caught" away from home without having called the hotline. When he returned from leave, the city suspended him for violating the call-in policy. He sued, alleging that he had a right to be left alone while on FMLA leave. A federal appeals court tossed out his case, saying "nothing in the FMLA prevents employers from ensuring that employees who are on leave from work do not abuse their leave." (Callison v. City of Philadelphia, No. 04-2941, 3rd. Cir., 2005)
Final tip: Arm yourwith teeth by creating penalties for those who violate the call-in rules. Make sure employees on FMLA leave realize that they don't have an unqualified right to be "left alone" while enjoying time off at your expense.
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- Be prepared to show court that your rules are fair
- Don't force FMLA leave unless health condition is serious
- USERRA and the choice of paying or not paying for health insurance
- Spell out FMLA intermittent leave timing in handbook—or risk a million-dollar mistake
- Know the FMLA, ADA rules when employee asks for time off to care for disabled relative