Q. Our company has certain employees who we believe abuse our absentee policy. We use a “no fault” system, but we do excuseabsences. Typically, when employees get close to discipline or termination, they begin the paperwork for an FMLA absence. Do you have any suggestions on how we could better police the FMLA process to limit abuse?
A. Many employers experience the same frustration, and there is no surefire solution to your problem. There are a few practical steps that you might consider.
First, review the, and make sure you are demanding full compliance from employees. For example, make sure the employee’s personal physician provides all the required information in the certification.
Second, the FMLA contains what are commonly referred to as “anti-abuse” provisions. If you have reason to doubt an employee’s medical certification supporting an, you may demand the employee get a second opinion. The second opinion must not be from a health care provider who is regularly employed by the company. If there is a difference of opinion between the treating physician and the second opinion, there is a procedure for a third and binding opinion.
Third, as an employer, you are within your rights to request “recertifications” on a “reasonable basis.”
Some employers go a step further and require an employee on sick leave to either stay at home or report to the company when he leaves and returns to his home. This rule would apply only during the employee’s normal working hours. The employer follows up with phone calls and visits during working hours. If the employee violates the reporting requirements, he is disciplined accordingly. You will want to consult with your legal counsel about adopting such a policy, and if you have a union, you probably have to negotiate the terms.
Finally, some employers that are suspicious of employees on medical leave will hire private investigators to determine whether the employee is working or engaging in physical activity inconsistent with the medical or FMLA leave.
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/3712/attendance-abuse-and-the-fmla "
- March Madness! Is it time to crack down on office gambling?
- Grant FMLA leave for pregnancy-related conditions
- Can we deduct pay from an exempt worker who takes FMLA leave? If so, how should we calculate it?
- Alleged discrimination brings claims against insurance agency
- How do layoffs affect employees on sick leave?