Can we ‘call out’ someone on FMLA leave?

A lot of the comments I have read so far are from the outside looking in..well I’m on the inside looking out! I currently am on FMLA due to migraines and MS and AM being harassed by my fellow employees! I love my job and have been there for two years now but ever since I was put on FMLA, the few girls in my dept have made me feel like I have a “target on my back”. Since August I have not been able to put in a full 40hr week between MS flare-ups and migraines but mostly due to the migraines.

When I have the migraines, some times I can’t stand any light what-so-ever or loud sound, my vision is blurred and I can not drive. Then some days the light doesn’t bother me and its more just sound that bothers me and I have sharp pains on the right side and back of my head. Then there are days where its a constant lingering migraine all over and I honestly CAN NOT concentrate at work because I look at maps on paper and a computer screen. But it DOES NOT bother me to drive my car…

In all situations, I can look at my phone unless I just don’t feel good and have to rest because my body is exhausted..but just because I have a migraine, doesn’t mean my body says I’m going to sleep. Trust me, there’s nothing more that I would love to do than sleep through a migraine that won’t go away!! (I’m sure anyone who gets migraines will agree with me) 🙂

Maybe your co-worker has another illness? When I have an MS Flare-up and my feet aren’t working the way they should, I can use fb all day long. Or if its my hand that isn’t working the way it should, I can still go on fb, drive my car and grocery shop. I’m not saying your co-worker isn’t lying but just please don’t jump to conclusions. She may have another illness and that’s personal, let them keep it that way. I have not had that opportunity. Everyone at my work seems to know my business, and no it is NOT fair! I do feel bullied and picked on because of it. I know I shouldn’t because I can not help my diagnoses and trust me, I am STILL doing everything possible to make the migraines go away (new medications, now looking into acupuncture, new diets), I have even traveled to see specialists for both the migraines and MS. I’m 24yrs old and I refuse to allow this to become my life.

I have suffered with migraines for over 20 years and there are lots of different medications that can work wonderfully; and I may likely be able to get on facebook or even run an errand were someone else driving – but I definitely would not be able to be at work due to the narcotic nature of the medication and resulting effects. Although its possible this person is taking advantage, it would be extremely inappropriate for a peer to try and trick them, or interrogate them, and a waste of company time to sit around plotting against them. If it bugs you, take it to HR and/or the supervisor and move on.

It is not your job to do anything about the person you think is faking or lying or whatever. You shouldn’t even know what the problem with that person is. You should know nothing about what type of leave they are taking, what their illness is, what their status with the company is, how much time they have used or have left, and, it really isn’t any of your business what this person does outside of work, sick or no sick.

I work in an HR department and an attorney will tell you that even though a person goes home FMLA or stays home FMLA, that the person who has a serious medical condition like migraines could get better later in the day. Legal stated that the company should communicate to their employees whether they should come back to work once they have left for the day or are out for the day if they are feeling better. That way, if a person is found outside of work (in our case someone saw our employee out at a restaurant 5 hours after calling in) you have more recourse as to whether you can separate for FMLA abuse. FMLA abuse happens everywhere, and I believe what goes around come around.

We have that situation at our worksite. The person is always on facebook when they supposedly have a migraine. It has also been brought to the attention of their supervisor, but it seems to be a standing joke about this person not showing up for work. It does affect the people that they work with. When this person is not here other people have to step in to cover their responsibilities, which is not fair to those people that have their own work to do. Until you are in this situation, you do not know how it affects everyone. It also have brought the morale around here down. Everyone knows that this person is hardly ever at work and nothing ever happens to them. Complaints have been made, but fallen on deaf ears.

I have to say that while a lot of these responses have great feedback, I can totally sympathize with the writer. You can go home in the evening and review your facebook feeds to see who posted what/when. You do not have to be “at work” to see when someone else has been online. As for running errands, if you post that you were at walmart at 2:00 pm. Then when your co-workers get online at 7:00 pm they know you were at walmart 5 hours before. Duh!

After saying all that, I have what is called chronic tension headaches. When one flares up to the point that I am unable to work, I have to take muscle relaxers to relax my vertabra enough to release the tension. This prevents me from being able to walk easily and absolutely prevents me from driving at all. However, this does not prevent me from sitting on my reclining couch w/ my laptop facebooking. Or going to walmart with my husband to get groceries for dinner, if he is driving.

I agree with the comments above that suggest you focus on your job. Don’t be spiteful (that makes you look bad), but don’t cover for them either.

The first thing that needs to be realized is no one gets FMLA without filling out a form, submitting it to a Doctor to fill in and sign and then reviewed by HR and possibly their likely their employee health nurse and approved. FMLA has it limitations and deadlines meaning it has to be renewed generally after 6 months to a year. It doesn’t matter if it is a migraines or a parent that has to been taken care of. FMLA covers a lot and others don’t need to know the specifics — only her supervisor and HR.

The rest is for you as a co-worker to determine how and what. If this was approved then she is already being monitored. With an FMLA depending on how it was approved she already has a doctors approval. You and your other co-workers can voice your opinion on this to your supervisor and HR but in all reality it is none of your business. As others have mentioned there will always be the abusers but as some point it may come to haunt her. If she is getting paid it is within the relam of the FMLA act. If she runs out of that time that is paid she’ll then be on unpaid leave and not making any money so at some point she won’t have her wage covering her.

Just remember to take care of what you need to do and not end up getting yourself in trouble at work being overly concerned about what others do. You never know, maybe someday you’ll need and FMLA and other will discuss you and your being off.

As with others IF you are not the supervisor there is really nothing you can do other than your job and keep your focus on your work. I too suffer from migraines and there are times when I either end up going home or call in sick and there is no way I can play on the computer, watch TV or whatever. I need a cold dark room. For all you know, she may be on progressive counseling but the supervisor/manager cannot share that information with you.

As for the people that suffer from migraines, my neurologist advised me to start taking magnesium and I take between 800 and 1200 mg daily. If it is my cycle time I up it to 1200 mg to help minimize them.

One last note, my understanding is that if you have an IPhone or one of the new smart phones you can be logged on all the time on Facebook, Twitter etc but not actively posting/reading but still show as online.

I think that if she is a responsable employee she should not be in twitter, but it could be a family member on Twitter when she is home sick. Also, she can be very sick indeed. But it won’t hurt to ask someone to mention to her or yourself weren’t you sick with a migraine on such and such a date. if she says yes, I would say and weren’t you on Twitter too. This may make her realize her errors during working hours.

This is in response to Sheila’s comment and the other migraine sufferers who posted (for some reason the “Reply to this comment” link was not working for me).

I can barely drive home when I have a headache – i know what you mean about crawling into bed with no light or sound. UGH! Totally stinks!

On a different note – I have tried every medicine out there – nothing seems to work for my migraines- but I am going to give acupuncture a shot. It’s covered by my health insurance and I’ve heard that it does bring relief for those of us who suffer from migraines.

Also, my dr had me keep a food diary for a month – my triggers are caffiene & sodium. I cut out most of the caffiene and sodium out of my diet that seemed to really help. My migraines have decreased considerably! I read an article about people who have food allergies that trigger migraines and/or cluster headaches.

Just thought I’d share what I’ve found out about migraines – maybe you can look into acupuncture or keep a food diary to identifiy your triggers (although if the barometric pressure is your trigger – not sure what to do then, except maybe work for a weather channel? LOL). I hope you are able to find some relief!

Being stuck in the dark is NO FUN!!! LOL

I have worked in an office since I was about 16 years old. The one thing I have learned is that I get paid to get a job. I have had to keep that printed on my eyeballs so that I see nothing else.
Life is NOT fair and it is what you make it.
Take your eyes off this person and handle your business.

I cannot urge you enough to SAY NOTHING! This is not your “fish to fry.” Every office has someone like this. If you are not her supervisor then it is not your job to call this to anyone’s attention. When they want your opinion, they’ll ask for it. Until then, do your job and worry about yourself.

Just a comment on the facebook/twitter issue. Both post the date and TIME that you would leave a comment somewhere, or post an update. So really, you don’t need to be on right when someone else is to know what their activity has been.

Are you doing your job? Good! Then don’t worry about what other people are doing. Do your job, do it well and let others be. If these means picking up the slack for the abusers, that just makes you look even more golden! But, of course, never lie for the abusers … EVER.

All you really can do is bring your issue to the attention to management. Be prepared, however, to explain how you know she’s on websites for hours or running errands.

FMLA is for ‘extended’ absences, so your HR department should look into the proper use of FMLA. So this employee really should be taking her “migraine” time as Sick. Second, you are not allowed, by law, to ask an employee anything as it relates to their medical condition. Even if an employee calls in sick, you can’t even ask them “why” or “what’s the matter.” Medical is a very touchy area and should only be handled or refered to by your Human Resource Department.

It’s a very sticky situation when it comes to that kind of thing, first off, there’s HIPAA. Not to mention that someone else’s health issues are none of anyone else’s business and you may not know the whole story. However, taking advantage of a federal program is illegal. I would suggest using any whistle-blowing or compliance policy to your advantage and making a complaint that way. Anonymously if you would feel more comfortable and are able. Good luck, the morale of the others is important and it should be addressed if so many are finding this distracting.

Unfortunately I think this happens in most companies. Have you gotten together as a crew and approached her supervisor? If so and nothing has happened, maybe an investigation by the Personnel Administration or Ethics Office needs to be conducted. If you have a medical facility on site, maybe she needs to be evaluated by the medical department as well.

This is the first time I have replied to a question on this forum and felt I needed to put in my two cents. I suffer from migraines periodically. Migraines affect people differently; however, I don’t believe someone truly is suffering from a migraine if they are able to spend hours on Facebook/Twitter or run errands.

It is frustrating to me when I mention to someone at work that I was out sick with a migraine and they respond with “Oh, I get headaches all the time, too.” If anyone has ever had a migraine, you know how debilitating it can make you. I have to climb into bed and make sure no light can penetrate my eyes; usually it means putting a pillow over my head. I can’t have any radio or tv playing because of the noise and am usually experiencing vertigo. There is no way I could stare at a computer screen or phone for Facebook and would never be able to go run errands or go shopping, especially out in the bright sunlight.

I’m usually holed up in bed for the rest of the day and even the next morning am still feeling weird. Friends of mine who also experience migraines often have it worse than me because they are also throwing up as well as experiencing the other side effects.

I don’t really have an answer for how you can deal with this person, but I believe she is playing sick and feels that migraines are easy to fake. I do believe in Karma and that she will have to pay for this someday.

I just find this odd, that she is still able to function with migraines. I suffer from cluster headaches and migraines and have two medications I take so I am able to do my work. New medications for chronic migraines are out there and if they are as bad as she is saying then I know from experience she would not be able to do errands or be on the computer. Sometimes, I have to leave and go home because of the pain but those are far and few in between now with the new medications I take.

I know one of the new rules in FMLA state An employer-but not a direct supervisor-can contact an employye’s health care provider, with the worker’s consent because of privacy rultes, to verify a midical condition is authentic. Previously, employers had to have a mdical professional contact the doctor. I also know you can require doctor’s notes even with FMLA so if this employee is abusing the FMLA policy the Director can require a Doctor’s note for each absence, plus on the FMLA paperwork. You really need to get with your HR to get the detail specifics on FMLA lots of rules have changed to help the employer.

I am a chronic migraine sufferer and have been for years. I am covered through the FMLA act at my job. With that coverage my employer has every right to require a doctor’s excuse when I am leaving early or out sick with a migraine. I have no objection to this because when I have a migraine, I HAVE A MIGRAINE. In otherwords there is no computer, phone, shopping but only a dark room, ice, bucket and possibly ER for a shot or doctor’s office for one. So what I might suggest is that the HR department be contacted by your supervisor/director/boss and talk to them about what he/she has the right to request from the employee. I believe the FMLA law at least in PA states the employer has the right to request such excuses. I think one way for her to be held accountable for her absences is the required doctor’s excuse.

Two of us suggest this – after x absences (or leaving early) in a year, require a doctor’s note for each one thereafter. When we started requiring notes more often, sick days dropped substantially. Those who are faking are not going to go through the expense of seeing a doctor even if they would be successfully able to lie to the doctor.

This is a really good question. Can’t wait to see all the responses. I’m not really sure how you should approach this. How do you know she’s on FB? Are you, and other co-workers, a FB or Twitter friend of hers to be able to view her activity? Will this show that you are also on FB during working hours? This would really be an issue to bring up to HR but be careful not to implicate yourself if you’re doing this during working hours. Now that we are in the world of social networking incidents like this will be looked at but I don’t think policies are in place yet. She does have a physician filling out her FMLA paperwork so it would implicate the physician as well if there is to be an investigation. So as not to make you upset any more I would un-friend her and let her hang herself if she is committing FMLA fraud.

The most you can do is alert her management team and/or human resources. Intermittent FMLA is for use at the employee’s discretion. If the employee is ‘faking’ HR, at managements request ,may insist that doctor notes be provided with each episode. Take some solace in knowing that FMLA does have limits.

You really should have an HR expert weigh in on this as it needs to be handled the right way to avoid legal repercussions. Years ago I did handle LOA’s and you could require an updated doctor’s recommendation on the frequency expected on an intermittent leave. But if the employee tells the doctor they experience the migraines frequently then the doctor will just base it on that so not much can be done. Does your company’s policy require they use up sick and vacation time when they miss time due to illness? That may deter the frequency of the time off. Regarding the social activities and the time off, I would not say anything directly to the employee without contacting your legal department.

I would think that her supervisor AND HR would be the ones to talk to her. FMLA laws are very strict and HR should know the proper, legal way to address this. On a different note, how do you know that she is spending hours on Facebook or Twitter? Is someone at work on at the same time as her? That will get you in trouble just as fast! I would suggest letting HR handle this one. You could go to your supervisor and share your concerns about morale, but that is all you should do in my opinion. Eventually, her FMLA will run out and if she is faking it, I am a firm believer in “what goes around, comes around!”

Unless you are this person’s supervisor, it is not within your scope of responsibility to “call her out” on this or anything else work related. You mention that you are a co-worker to this person. As such, your inquiry sounds rather snippy, and not at all professional. How do you know what sites this person is logged on to “for hours”, especially if it is “from her home”? How do you know that she “is off running errands”? Have you followed her? If this person’s absence has a direct affect on your ability to do your job, then take it up with your boss, but not as a tattle-teller. Explain as non-judgementally as possible why and how this person’s absence is preventing you from doing your job and ask for your boss’ help in finding a solution.

Just a comment on something within the article regarding being logged-in on Facebook: personally I am always logged in on Facebook on my home computer. However, Facebook and other social networks are blocked on my work computer, so I am not actively “using” Facebook even though it shows I am logged in. And perhaps others in the household share the same Facebook/Twitter accounts? The follow-up to that is a question as to how the writer knows this co-worker is logged onto Facebook and Twitter unless he/she is using Facebook/Twitter/etc during work hours? How is that any different than the co-worker using them from home? Are you not also accessing social networks on work time (even if physically in the office) if you know these things?

I would like to sympathize with your concern that a co-worker is faking illness to get out of work, but I am having trouble getting past the evidence that you are also not giving your employer the time you are being paid for if you spend it checking up on others.

I do suffer from migraines and you are correct, if I get a bad one, the only thing I want to do is sit in the dark, cool room with an ice cold glass of water. Sitting in front of a computer screen or the TV will make it worse. There are times I will vomit and pass out for several hours. She may be very well taking advantage of the situation.

If you go to your supervisor, they’re precluded from discussing personal issues like this with other subordinates. The supervisor may look into it, but they won’t be able to share the results. Plus, the supervisor may start wondering how you know she’s logged into facebook/twitter. They may wonder if YOU are logged into facebook/twitter during company time. (know what i mean?)

Honestly, there’s not a whole lot you can do as a co-worker. I would focus on doing my job, perhaps crosstrain to pick up her slack so YOU are the more valuable employee (plus it’ll keep you occupied). If she is lying about her migraines, it will eventually catch up to her. You never know maybe her supervisor knows & is working on progressive discipline.

I always tell co-workers who have similar concerns (co-workers taking extra long breaks or lunches, slacking off on required duties, etc..) to focus on their duties and don’t enable the behavior (in other words don’t cover for them!). If the supervisor asks where the other employee is at – be honest “I’m not sure” or “I think they’re on their break/lunch/whatever”.

Good luck! Maybe someone else will have better feedback. 🙂

This is tricky! There are so many different approaches to this that it’s hard to give just one good answer. If you want to be clever, while still being a realistic; you could ask her to describe her symptoms and what the Dr’s say for her to overcome this – basically guilt trip her. If you want to be rude; whenever she starts to complain about a migraine talk louder, turn on extra lights, fast movements, play loud music, etc. And see how she reacts. If you want to express actual concern; tell her boss that you are concerned about her health and that you find it odd that she has these headaches but you notice she is still posting to facebook, not trying to find a relief, etc… If she truly is faking it, eventually it’ll be figured out. And if she really does have these headaches, you’ll see her being prescribed different medicines / ways to treat the problem. No one should have chronic migraines – so she should EVENTUALLY get ‘relief’ and start to be able to be at work regularly.

May I please ask if you have evidence that the employee is faking migranes? May I please ask if you have evidence that the employee is logging on facebook and twitter from her home and running errands? I would need to know this before I can offer any suggestions.

The first thought that comes to mind is that this is an HR issue. As employees, unless you are her supervisor, this is not in your role to handle. It is frustrating, and that may be reflected in your attitudes to her, but it would be inappropriate for peers to handle discipline issues with other peers. The second thing is how the FMLA is being used. I could be wrong, but it is my understanding that FLMA does not requirement payment for the the time you are out. I know when I had to sign up for FMLA leave after a surgery, I had to use sick time and PTO to get paid until I was out long enough to be on short term disabiity. So, if she is getting paid for her time off, I would talk to HR to see if that policy was in the best interest of the company. Assuming she is getting paid, then maybe if she wasn’t, she would come into work more. The real world has people who abuse systems. As an individual, focus on what you can do to make yourself look great and spend less time worrying about the action of others. If a group of you is affected by this, do something to boost your group’s morale and leave her out of it.