I have intermittent FMLA for two family members and I have to report to HR and account on my Attendance program when I take FMLA unpaid or paid via PTO for each record. I have the 480 hours to use for both in 12 weeks. I was even sick my self this year and had FMLA for me – I had three cases going.

Yes, all this person needs to do is give reasonable notice to their manager – no need to explain anything – that they will need FMLA on a date or if it is urgent, no notice is needed but they still need to inform the manager before they leave, it is FMLA related. The manager can only state that this person had to leave early to the team. The manager could file the reported of FMLA time on behalf of the employee and to note if it was unpaid or if PTO was used to suppliement.

If the person had FMLA for say a bowel issue and they come down with pneumonia or broke their leg, they can’t use FMLA for the original bowel condition approved FMLA. They actually have to apply for FMLA for the new condition . FMLA is not a carte blanch for an employee to be absent or leave early for any other reason than what condition they applied for. This I would be managed by HR in the best situation as it does involve special forms and confidential personal information.

I remember reading a story about a man who took FMLA for his wife who had cancer; to care for her. Their car died and he needed that to get her to treatment. He took an FMLA day to drive 4 hrs away to pick up a used car he bought. It was discovered he had done that. His FMLA was terminated because that was considered abuse. The FMLA was for the physical care of his wife and not to buy a car.

If this person is just running out and not reporting time as FMLA for this condition, that is an issue for the company and employee. How can the company track that and be compliant? In my company if an employee calls in and fails to claim it as FMLA, it will be marked as a regular absence and PTO is used. The responsibility does fall on the employee to be honest that it is condition related. The Company has every right to demand some accountability in reporting the time used. That does not break the FMLA laws.

It would be between the employee and the Supervisor to agree as to what time commitment is part-time and for how long, at say 20 hours per week. At the end of that period then a new set of expectations is agreed upon. Could be the same 20 hours or increased to 30 hours but still following the Doctors limit of part-time work. When the Doctor says the employee is cleared for full-time work then a final set of expectation is agreed upon and that your FMLA is soon to be terminated for this medical case. Should there be a relapse, then we start over with a whole new application of the FMLA approval process.

In this case HR may be your friend and can act as a third party adviser to either party. Keeping private issues private and still sharing the needs of the company and the team. HR may not give you what you want to hear, but you will also know if the company and you are staying within the limits of FMLA.

My duties fall in this same range of little authority, but plenty of responsibility for the team mission. My only case of FMLA was simple and the person wanted to come back to work ASAP. My case is no where close to this one, but I had to follow the FMLA rules with HR.
CES

I agree with you, wholeheartedly! The conditions for Family and Medical Leave are intended to remain confidential. It’s not appropriate for other employees to second-guess whether it’s appropriate in any given case.

I think the questioner believes that his/her co-worker is taking advantage of the statute by taking more leeway than she should. I tried to suggest options with that in mind.

Oops! Of course it is. Sorry we missed that.

FMLA is FAMILY and Medical Leave Act.

Exactly (with one exception). An employee does not need to inform anyone of the nature of their FMLA qualifying condition (excepting the paperwork) and they may have more than one condition or situation that qualifies. It’s not up to their peers, or even direct management, what is a qualifying situation.

I do believe you (Grizzlybearmom) misunderstood the expectation the team had of communicating schedule exceptions. This sounds like a simple courtesy to everyone and doesn’t require disclosure of the nature of the absence. My team may do this to know when someone’s work does or does not need to be covered. However, if these types of absences already require notification of management, I think the team should go to them and request that they be notified when someone is out. In an emergency situation, multiple notifications is an unnecessary burden.