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I wouldn't say this is an abuse of FMLA, but it happens a lot in my field - women get pregnant, go out on FMLA for 3 months, insist they are going to return to their job, so we all scramble to cover for them, then within 1-2 weeks of being back, they quit.
I knew a guy at work who totally abused the FMLA act.
He had asthma. But he admitted to me that he called in sick alot and just used asthma as an "excuse."
He had the type of FMLA where you could call in sick or miss work/ as much as you wanted and not get punished. I wish I knew what kind that was but he did it for 3 years, always calling in and we had to pick up the slack.
Here is what I found: ( Keep in mind he got his doctor to write him an "on-going" note that is good all year, such a Crock!!! )
This article explains the employer’s obligations for federal Family and Medical Leave Act (FMLA) notice procedures when an individual takes intermittent leave or has a reduced work schedule.
Under the FMLA, an employee is entitled to take intermittent leave or work a reduced work schedule if the employee’s health care provider certifies that the employee’s serious health condition necessitates the leave or modified work schedule.
For example, a health care provider may certify that Joe needs four hours of intermittent leave each Wednesday for treatment. The individual’s factual situation determines how often his employer must give FMLA notice.
I've been in my job for 20 years and several people have used FMLA but I cannot remember one that I suspected was abused. We currently have one out recovering from knee surgery and she had to go on FMLA because she didn't have enough medical hours.
I had a heart bypass 15 years ago and never used it because I was back to work 3 weeks later due to an over-zealous cardiologist. And that proved to be a mistake ~ I really needed more recovery time.
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Of course there are going to people that abuse FMLA, just like there are tax cheaters, people who call in sick when they are not, and those that spend time surfing the internet instead of working. As for pregnancy, the 12 week maximum is only for after the baby is born, it is extended at the beginning if the mother has issues that prevent her from working prior to the birth. The current limit of 12 weeks is for any year, you can use it for any period(s) for various different issues as often as needed as long as that is not exceeded.
The government needs to get out of the private sector period. If employees don't like the policy set by the employer, then they will seek work elsewhere.
I'd allow exemptions for serious stuff with recurring possibilities, but the above would stop those who think every auntie getting sniffles = more vacation time, and those who could be back in 6 weeks, taking 12 cause they is having fun.
I think FMLA for pregnancy is still only 12 weeks per 12-month period. Some people take some of it upfront for medical reasons, but they don't get 12 weeks after the birth- just 12 weeks total. Maybe some people are using paid time off to have more time off. I believe you have to use up all paid time accumulated before FMLA can kick in. At least, that was the case when I had mono, and when I had a badly infected dog bite.
The government needs to get out of the private sector period. If employees don't like the policy set by the employer, then they will seek work elsewhere.
I agree to an extent, but not having labor laws isn't the answer either.
. I believe you have to use up all paid time accumulated before FMLA can kick in. At least, that was the case when I had mono, and when I had a badly infected dog bite.
The way most companies do it is if they give out sick leave and vacation leave separate, you have to use sick leave first, then vacation and then go to unpaid leave to make up the 12 weeks of FMLA.
FMLA merely allows you up to 12 weeks off per year for medical-related issues, it doesn't dictate whether that time is paid or unpaid.
That 12 weeks could be paid if you have saved up 12 weeks of paid leave.
But if you haven't, then expect some of it to be unpaid.
We talk about abuses of FMLA, but something to consider is that prior to FMLA, it was much easier for people to lose their jobs due to health related issues. A person still can lose their job due to health issues if the employer really wants to. An employer can eliminate a position while you are out on FMLA and then you are basically SOL- no protection there.
There will always be some who abuse privileges and try to scam the system.
But generally speaking, FMLA is a protection that is in place for workers.
I wouldn't say this is an abuse of FMLA, but it happens a lot in my field - women get pregnant, go out on FMLA for 3 months, insist they are going to return to their job, so we all scramble to cover for them, then within 1-2 weeks of being back, they quit.
This is actually pretty common. I think it is inaccurate to brandish all new mothers who use FMLA as abusers. For starters, motherhood is hard work. Even if it's not their first child, the level of exhaustion can be overwhelming. Second, you don't know what arrangements have been made that you are not privy to.
FMLA requires that an employer continue the worker's benefits during their leave of absence, including medical. But if the employee doesn't return, then their quit date is effectively rolled back to the day they left on maternity leave--meaning they have to pay the insurance premiums on their own. Presuming the company paid the premiums on their behalf, the departing employee must repay them. Just because you aren't privy to this situation doesn't mean the employee is getting off scott free.
There are also plenty of arrangements that can be made without FMLA. Just because a person has taken time off or has a flexible work schedule doesn't mean they are using FMLA. Just because a person works fewer hours per week, for example, doesn't mean that they are getting full pay. They may have arranged reduced pay in exchange. A person may also arrange an unpaid leave of absence if they want. There is no law that requires that a person's arrangements be made through FMLA. I have heard many complaints over the years from coworkers about alleged FMLA abuse when really the situation is that they are just clueless about the confidential arrangements that were made between someone else and their employer.
Some employers I know 'sweeten the pot' by offering to pay the individual their wages in addition to benefits (not required except in Calif.), either in whole or part, so long as the employee returns for a predetermined length of time (usually 1-2 yrs). If they don't return or quit within the year, the employee has to repay their wages that they received during their leave. Because most can't afford to repay that much, they have to continue working for that company at least for a while. Churn is expensive for companies, so by minimizing churn associated with FMLA, they've sort of 'insured' themselves.
Last edited by kodaka; 11-06-2011 at 06:33 PM..
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knew a guy like that...
