No one likes dealing with the Family and Medical Leave Act (FMLA), but every HR manager is doing it. Barbara Dahlen’s approach has satisfied DOL and other agencies while at the same time significantly reducing FMLA time off.
Take the case of "Bristol," says Dahlen, one of her employees who tried to wear her out. "It didn’t work,” she adds. Dahlen is an HR manager at Bellefontaine Habilitation Center in St. Louis. She made her remarks at the recent SHRM Annual Convention and Exposition in New Orleans. (For Dahlen’s tips on managing intermittent leave, go here.)
Bristol’s original FMLA request was submitted "for up to 10 days per month." That’s half a month, says Dahlen. "You can’t have employees out half the time. You’re going to be short staffed, or you’re going to have to shut a line down."
Bristol was sent for a second opinion, which didn’t concur. Dahlen gave Bristol a third opinion letter, "Pick from these three doctors." (They were psychiatrists and Bristol’s problem was depression.) Bristol responded, "I don’t like those doctors, they are too far from my house." Dahlen sent another letter with new doctors, the last ones she could find. ("It’s hard to find doctors, let alone psychiatrists, who will do third opinions," she notes.)
And, by the way, you pay dearly for additional opinions, Dahlen says. Typically, she pays $450 to $500 for a second opinion, and often $1,000 for a third opinion.
Bristol rejected the new doctors, and found her own doctor in the phone book, not a psychiatrist, a general practitioner. She brought in a form with "Third Opinion" handwritten at the top. Dahlen sent out a new third opinion letter, stating that the first five doctors were still available. Bristol chose another doctor out of the phone book.
Meanwhile, Dahlen says, she had had discussions with Bristol to explain why she was doing what she was doing. And she had had family members in to explain.
At this point, Dahlen talked to DOL. "These are steps I’ve taken. Do you agree that I’ve done everything I needed to?" Eventually, Bristol was terminated for absences and the termination was upheld by DOL.
"If you document everything, and you do everything you can possibly do, DOL will support you," Dahlen says.
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If Condition Changes, New Certification
Hold employees to what’s on the “cert,” Dahlen says. If the employee’s condition changes, fine, he or she needs a new cert. DOL is clear on that, Dahlen says. "If you are missing more days than you are certified for, and there is no new cert, it goes to attendance," she tells employees.
Terminate with Care
You can terminate an employee for performance while he or she is out on FMLA, Dahlen says. One example, she says, would be when the substitute worker finds a cabinet full of work the person on leave was supposed to have done. However, she says, her advice is, "Always call the lawyers before you do a termination like that."
You Can Demand Documents
Don’t be afraid to ask for proof, says Dahlen. "Danica" put in a claim for FMLA leave for problems relating to her child. Other employees said she had no legal relationship with the child. Dahlen requested the child’s birth certificate. Danica said she wouldn’t provide it.
"They have to provide it and we don’t have to pay for getting it," Dahlen says. You can also require a copy of a marriage license, she adds. Tell the employee, "If I don’t get it, I will deny FMLA."
Playing hardball with FMLA abusers—just part of the headache of FMLA management. But here’s some good news. BLR’s December 10 webinar, Intermittent Leaves: Current Tips for Managing These Tricky Leaves and Preventing Abuses, will answer your questions and deliver the best new techniques that are helping managers get a handle on intermittent leave.
The date is Thursday, December 10, 2009. The time, 1:30—3 p.m. (Eastern Time—adjust for your time zone). As with all BLR webinars, (1) a single fee trains all the staff you can fit around a conference phone, (2) you can get your (and their) specific phoned-in or e-mailed questions answered in an extensive Q&A that follows the presentation, and (3) your satisfaction is assured or you get a full refund.
Control intermittent leave? Is that a joke? Here’s a special webinar designed just for managers dealing with FMLA’s biggest annoyance. Click here for details.
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Please join us December 10 for Intermittent Leaves: Current Tips for Managing These Tricky Leaves and Preventing Abuses. Get more information.
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