Q. I told an employee who takes lots ofthat all of her time out of the office (no matter what it was for) would count against her time. My VP called me in and told me I was wrong and that was absolutely NOT the law. What is the best way to track her ? Do I ask for documentation each time? —J.S., Texas
A. Your VP is right! It's true that many employees abuseleave. But you should never count time off as FMLA qualifying unless you have a legitimate reason. When an employee presents a certification form indicating that she must "self-treat" whenever her condition flares up, you can't require additional documentation for each absence.
However, if an employee's intermittentbegins to show a problematic pattern (such as regularly leaving early on Fridays or coming in late on Mondays) or if there are other facts indicating fraud or abuse, you can and should request additional documentation.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Firing after FMLA: Potentially legal but usually unwise
- N.J. employees can have NJLAD, NJFLA cases heard here
- Worker who can't perform her job isn't entitled to intermittent leave
- Consider extended leave as accommodation if disabled employee is likely to return to work