#FMLA #TDI #EmployeeBenefits #HumanResources #WorkStress
🤔 Hey everyone, I need some advice on a tricky situation we’re facing with an employee trying to file for FMLA and TDI due to “work stress”. Here’s the scoop:
– This employee has a history of abusing call outs using notes from a friend
– We recently denied a time off request and now they want leave for stress and temporary disability
– Their frequent call outs have forced us to shut down operations multiple times, causing major issues
– They rely on an out-of-town replacement which is costing us extra money and causing burnout
– Management is hesitant to take action, but I’m worried about the impact on the team and our business
What would you do in this situation? How would you approach management about the issue? I’m thinking of a few possible solutions:
– Implement stricter call out policies and consequences
– Require a second opinion on medical notes
– Provide mental health resources and support for the employee
I’d love to hear your thoughts and suggestions on how to handle this delicate situation. Let’s brainstorm some solutions together! 💬🤝
You can ask and pay for a second opinion on his FMLA certification by a doctor of your choosing much like you can do an IME for work comp.
Most employers don’t know this.
Let him file for FMLA but you can also count time off towards his FMLA.
Of course consult your legal counsel and your state and/or city laws.
If you have enough employees for him to file for fmla you can’t stop him. If you don’t and he’s asking for accommodations then say no due to hardship and go from there.
I’d work whatever progressive discipline is in place and get real fussy about compliance to policy. Keep it performance and policy focused. My experience is that ees who want to exploit leave like that aren’t great at staying in the lines elsewhere so it tends to be easier to get them on performance and conduct.
Is the company even required to offer FMLA? If you’re having to have someone come in from a couple hundred miles away, it doesn’t sound like you meet the requirement of 50 EEs in a 75-mile radius.
I second getting a second opinion from a different doctor to certify the request (at the company’s expense).
https://webapps.dol.gov/elaws/whd/fmla/12a4.aspx