Posted on 12/17/2006 8:00:46 AM PST by Tahoe3002
The unfortunate truth.
Your issue isn't with FMLA its with performance. They are two separate issues.
Fire human resources. Its obvious they haven't aligned their goals with those of the rest of the organization.
Were you a manager at ATT? Just curious.
When my husband had surgery and an extended recovery under FMLA, first we had to use sick leave time, then we could have used his vacation time, but after that it would have been unpaid. They would have had to hold his job for him...that's the provision. Also, where my husband works, oftentimes other employees donate hours to an employee who needs FMLA and hasn't built up enough time to cover their time off.
Luckily, he had enough sick time to cover his leave.
OT to the thread, but I do hope your husband has recovered.
Key her car, spread nasty rumors about her and leave a bag of flaming dog dooty on her front porch. That'll teach her!
Seriously<
There are people out there who will abuse any system, anytime, anyway they can devise. Just look at welfare in general.
It need not be, it does allow for use of "sick leave" in situations where it otherwise would not be allowed. I did two weeks of FMLA, full time, and two weeks of half time after I had back surgery. I didn't lose any pay.
A coworker will return to work on Monday after taking over a month of FMLA for surgery and, in her case unpaid, she has used all her vacation and sick leave due to her husband's terminal illness. He passed away early in the year.
Here is what I see as a physician. A patient comes in and tells be they were sick last week with nausea and omiting so sick they did not go to work all week. If they were so ill why did they not come to the office or the ER if they were so sick to miss a whole week. Never mind of coarse they are well now but before they can go back to work I need to fill out their paper work. Do I think they are lying. Of coarse. Does the paper work get filled out YES. Do they get to keep their job yes. Do some do this over and over yes. It is like every other government program it is abused ALOT. Now the Democrats want to make it payed leave which was their plan all along when they passed the intrusive bill in the first place. What do you thing public opinion will be. Of coarse they will want to be able to take 12 weeks a year off payed. Will it be abused even more Yes. Will employers hire less people Yes they will have to. It is ridiculous.
No it is unpaid. If you got paid then your employeer is doing that above the law.
"it does allow for use of 'sick leave' in situations where it otherwise would not be allowed."
When would the use of paid sick leave not be allowed if one is under medical treatment?
Thanks for your concern...yes, thank the Lord, he recovered completely.
No, not a manager. But I observed at least two employees get paid while on FMLA. I believe it has to do with company policy regarding sick leave/pay. The employee knows how to work it to their advantage; usually the pay comes out of the disability fund, if I am not mistaken. That's as much as I know. And it was usually for job "stress". Another employee took time off to care for a sick relative. She didn't get paid for her time off.
(c) SECOND OPINION.--
(1) IN GENERAL.--In any case in which the employer has reason to doubt the validity of the certification provided under subsection (a) for leave under subparagraph (C) or (D) of section 102(a)(1), the employer may require, at the expense of the employer, that the eligible employee obtain the opinion of a second health care provider designated or approved by the employer concerning any information certified under subsection (b) for such leave.
(2) LIMITATION.--A health care provider designated or approved under paragraph (1) shall not be employed on a regular basis by the employer.
(d) RESOLUTION OF CONFLICTING OPINIONS.--
(1) IN GENERAL.--In any case in which the second opinion described in subsection (c) differs from the opinion in the original certification provided under subsection (a), the employer may require, at the expense of the employer, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee concerning the information certified under subsection (b).
(2) FINALITY.--The opinion of the third health care provider concerning the information certified under subsection (b) shall be considered to be final and shall be binding on the employer and the employee.
If you think this employee is defrauding your company, you should request a second opinion and, if necessary, a third opinion, as stated above.
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