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
- Clerk wins more than $350,000 in disability discrimination suit
- Does your wellness program clash with new genetic bias law?
- Settling case? Prevent a second lawsuit by including promise not to reapply
- When employee has FMLA history, beware punishing for suddenly going home