HR Hero Your Employment Law Resource

Search Quick Links 
Unread 12-14-2009, 06:02 AM
Irie Irie is offline
Senior Member
Join Date: Oct 2005
Location: .
Posts: 482
Default intermittent FMLA and being late

Is there any way to prevent an employee from calling in to inform us that they're going to be a few minutes late to work and it's FMLA? We have an employee who has been approved for intermittent FMLA for their child and they call quite often saying they're going to be late due to having to take their child to the hospital. When they get here they're clocking in a few minutes late. I have my suspicions that the employee is using the FMLA to avoid attendance points for being late that isn't really FMLA.

Thanks for any input you can provide.
Reply With Quote
Unread 12-15-2009, 10:23 AM
ACU Frank's Avatar
ACU Frank ACU Frank is offline
Senior Pantsless Member
Join Date: Jan 2007
Location: Outinthesticks, MO
Posts: 2,166
Send a message via Skype™ to ACU Frank

Is the employee providing documentation for the hospital visit?
Reply With Quote
Unread 12-15-2009, 12:04 PM
Irie Irie is offline
Senior Member
Join Date: Oct 2005
Location: .
Posts: 482

If it's approved intermittent FMLA I can't ask for documentation, or can I if she claims to be going to the hospital and not just staying home to take care of the child?

FMLA just sucks the life out of me...
Reply With Quote
Unread 12-15-2009, 02:16 PM
mbliek mbliek is offline
Junior Member
Join Date: Apr 2009
Location: Fairport, NY
Posts: 10

In order to approve FMLA I require documentation from the employee and thier doctor. then I ask for periodic updates from thier doctor, as stated in thier approval letter.
Reply With Quote
Unread 12-29-2009, 11:01 AM
Still Need Coffee's Avatar
Still Need Coffee Still Need Coffee is offline
Senior Member
Join Date: May 2009
Location: Chicago, IL
Posts: 507

Another option is to go the recertification route - you're allowed to recertify with the MD every 30 days for intermittent. What I do is attach a copy of the employee's attendance record and ask for the doctor to verify that (1) those dates/times were for FMLA, and that (2) the pattern of FMLA use is consistent with the diagnosis.

Good luck!
"You are you. Now isn't that pleasant?" -Dr. Seuss
Reply With Quote

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Go to Top
Subscriber Login