• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Employee fudges appointments, claiming FMLA? Count that as an unexcused absence

by on
in FMLA Guidelines,Human Resources

Some employees abuse their rights under the FMLA and try to take time off to which they aren’t entitled. Take, for example, an employee who takes an unscheduled trip to his doctor’s office and claims that time as FMLA leave. It isn’t.

Recent case: Robert suffered from anxiety as well as periodic leg and back pain.

His employer had a strict point system for unexcused absences. It required calling in before missing a shift and approval in advance for anticipated absences.

Robert, who was a half point away from discharge under the policy, had an afternoon doctor’s appointment. That morning, he called in to say he was taking FMLA leave. Before noon, he went to his doctor’s office to check on a medical records transfer and pick up a prescription refill. He had no appointment for that visit and no doctor examined him. That afternoon, he went to his previously scheduled appointment.

Robert was fired for taking an unexcused absence in the morning. He sued, alleging the entire day was FMLA leave.

But the court tossed out his case. The morning errand wasn’t medically necessary. He could have worked and wasn’t examined by a doctor. Because his FMLA leave was for treatment and because he received no treatment in the morning, it wasn’t protected time off and could count as an unexcused absence. (Jones v. C&D Technologies, No. 11-3400, 7th Cir., 2012)

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/32291/employee-fudges-appointments-claiming-fmla-count-that-as-an-unexcused-absence "

Leave a Comment