The DOL wants your suggestions to improve FLMA by Feb. 2, but you can curb intermittent leave abuse now. Here are 7 ways to do it.
What are you doing between now and Feb 2? How about using some of that time to suggest changes to the federal Family and Medical Leave Act (FMLA).
FMLA allows workers to take up to 12 weeks of unpaid (but benefits continued) leave each year of their employment to care for their own or a family member’s serious health condition or to bond with a new child. Employers have complained about certain aspects of the law for years.
A key complaint has involved FMLA’s intermittent leave provision, which lets workers take just a few hours or even a few minutes off, often without prior notice. “The law is used by people with attendance problems,” says Michael Eastman of the U.S. Chamber of Commerce. “You have an employee with chronic tardiness … who says it’s for a health condition.”
Others have pointed out that claimed health problems are especially prevalent on Mondays and Fridays. And a survey by HR publisher B21 showed that 47% of employers surveyed felt unjustified intermittent leave posed at least “somewhat of a problem” for their operations.
Now the Department of Labor is contemplating changes in the law, with a Feb. 2 deadline for comment. In the past, business leaders have asked that the law not cover illnesses of less than 10 days’ duration, or that the somewhat vague definition of “serious health problem” be better spelled out, among other changes. The rules and procedure for adding your comments are listed here.
Meanwhile, say FMLA experts, there are several steps you can take now to curb intermittent leave abuse.
–Have a doctor certify all FMLA leave for medical reasons. You’re entitled to ask for a second or even a third opinion.
–Use a form that asks the certifying doctor for complete information on the claimed condition, including schedule of dates and times for treatments, and minimum amount of time leave will be needed. The DOL provides a form for this purpose.
–Have the employee recertify the condition every 30 days. This is at the worker’s expense and has proved a strong deterrent to bogus leave claims.
–Ask for a new certification for the claimed condition for each 12-month period.
–Insist that the employee work with you in setting up a schedule that includes as many treatments as possible in off-work hours.
–Transfer the employee to a position where absences are less disruptive. The law permits this, as long as pay and benefits remain equivalent to the previous job.
–Look for obvious abuse patterns, such as the “Monday/Friday syndrome.” You are entitled to ask for recertification of a claimed medical problem if “the employer receives information that casts doubt on the stated reason for the leave,” say the regulations. A Monday/Friday absence pattern is considered evidence to cast that doubt, and you can bring it to the certifying doctor’s attention.
Use these tools, says attorney Randi Klein Hyatt of Maryland law firm Shawe Rosenthal, LLP, “to ensure that the FMLA (particularly intermittent leave) is being used for employees who truly need it, and not those looking for an easy way to get away with a year of protected absences.”
If you’re interested in sending the government comments on FMLA, click here for instructions from the Department of Labor on how to do so. Remember, the deadline is 5 p.m., February 2nd, so, as they say in the ad business, act now!
As a “sandwich” caregiver, FMLA protection at its current statutes provides me with the critically necessary protection I need when answering to the many needs of having both a disabled (blind and other diabetes complications) husband and a mother in nursing home
(I’m an only child!). Any tinkering to restrict my legitimate but intermittant absences of one-8 hours per day would be a severely stressing and (I believe) discriminatory change in my employment status. I am always happy to provide documentation of Dr. appts and I do not abuse the system; but I am never able to accrue much sick or vacation because I’m “on-call” for my family members.
Please temper your enthusiasm for corporate control with a compassionate but reasonable understanding of those who are already under extreme pressure to perform well in both arenas of our lives!
Thank you!!
I currently work with an individual who is blatantly and obviously abusing the FMLA. For four years now, this person has demonstrated how irresponsible he is with his appalling number of absences, always under the guise of his diabetes or a family emergency or a death in the family. Apparently in his eyes everyone in North America qualifies as some sort of “cousin” that needs to be looked after. On numerous occasions, I was certain that he had finally cooked himself with the company only to see him given one reprieve after another. He recently qualified for FMLA status and I am told that now nothing can be done to get rid of him or to curb his pathetic poor job performance. He routinely falls asleep at his work station, takes extended breaks, talks non-stop on the phone, deletes his entire online internet history and the company continues to look the other way, all in the interest of his FMLA protection. His actions are only hurting people who honestly need the protection FMLA offers and he is hurting the company and everyone in it by his actions. From my point of view, the FMLA has blown up into a colossal fireball of opportunities for people like him to have no sense of responsibility and a non-existent work ethic. I have diabetes and high blood pressure and have my bad days, but I make an effort to control them through diet and proper medication, medication which I really can’t afford. And yet I have no plans to try and qualify for FMLA because I don’t consider myself a proper candidate for it’s intended purpose. Unfortunately, as in every other aspect of society, we see that there are “givers” and there are “takers”. It’s time to weed out the takers and
hold them accountable for their actions. FMLA is most definitely broken and in need of repair and realignment.
Thank you.
I found this site while searching for FMLA abuse by employees because of no where else to direct my frustration.
It doesn’t matter if the employee abusing the system calls out every Friday or every payday, the excuse of FMLA is used to tie managements hands or try to quell anger from other employees. Our office rules for vacation had to be changed to make up for the amount of people on FMLA who constantly don’t come to work. And heaven forbid it’s a busy day, it’s even more miserable for those not scamming the system because all the FMLA people find a reason to leave. People go to lunch and don’t come back. You don’t know they are gone and not coming back until they call from home. They leave for reason’s other than what the FMLA is approved for but yet they still fall under the ‘can’t do anything to them, they are on FMLA’. What a scam. Even if they are caught abusing the system (they are caught out shopping by someone else on their day off or they get a ‘call’ that they have to leave which never comes in on the recorded line but always on their cell phone) nothing happens. The worst part? We have monthly incentive based of performance and attendance. The FMLA agents are exempt from the attendance requirements. So if I have a sick child I’ll lose my bonus for the month but if the FMLA agent who can’t seem to work a full week EVER calls out yet again, noone can do anything about it.
Believe it or not I am a very compassionate person but this has just gotten ridiculous. I’ve worked with people with cancer and when they called out you had to wonder if they were in the hospital. Now the way the system is set up more than likely people are just to lazy get out of bed or it’s because they now have gotten a three day weekend.
I agree with Teresa. I am dealing multiple intermittent FMLA issues. Most of these are marginal employees, many have long histories with attendance issues. It’s a union environment and the union tells the employees to seek FMLA intermittent leave. It’s abhorrent and monumental waste of time. This law is the mother of good intentions gone terribly in my opinion.
I think that the unethical physicians are much more to blame for the scamming as the bad employees. I work in HR, and I am continually shocked at what the doctors are willing to say in order to support their patients’ attempts to scam the system. Basically anything their patients want them to say, regardless if it has any medical basis or not. Without these unethical doctors, the scammers would not exist; or at least would not be successful.
If we took a European approach and required a certain amount of time off for every employee, we wouldn’t have so much of a problem with FMLA. Most European countries have a requirement of 4 to 6 weeks per year off for holiday paid leave. Employees can use this leave however they wish, but to qualify they must have a full time job.
I also work in HR and can not believe how FMLA impacts the workforce. How can doctors allow employees to pick and chose when their “condition” puts them off work. I have an employee that constantly calls off (usually 2 days at a time) and just says it’s FMLA. She then calls her doctor, who without even seeing her will give her a note (which she picks up at her convenience) and presents it to HR. This law had great intentions, however, needs to be modified QUICKLY!!!! PLEASE!!!!!!!!!!!!!!!!!!!!!!
i hate fmla. we have three people in our department its every Monday and Friday. how does their family members only get sick Mondays and Fridays. i think if they are out due to fmla we should be able to have it documented. if they have an appointment look at appointment card if they are sick look for verification from dr. for that day.this law needs to be modifies
We have a guy in our office who has been on some type of FMLA for the past four years. He’s out hundreds of hours a year (over 800 in 2009) yet manages to keep his job. I’ve often wondered how in the world he pays his bills. Here’s how. He’s on social security. But since he’s not quite old enough to qualify for Medicare, he shows up just enough each pay period to cover the cost of his benefits. Nice gig if you can get it huh! Additionally, he has his real estate license and is very active in our area with regard to land sales. My guess is that he’s supplementing his social security with sales made in real estate. It only takes a couple a month. In the meantime, everyone in his department has to pick up his slack, and the company can’t (won’t) terminate him. I really do believe the intent of FMLA is noble, however I believe the abusers out number the legitimate users by a huge margin.
@Missy (if you happen to check back):
There have been rulings and clarification letters that say FMLA isn’t continuous (meaning once you have FMLA you can have it forever).
When the FMLA expires (which you can ask for new certification yearly) or when he asks for a different FMLA, that kicks in a new eligibility test, so your employee has to meet the qualification of working at least 1250 hours in the previous 12 months (from the date of the new FMLA). If he doesn’t, he does not qualify for FMLA and subsequent absences for that reason will not be covered or protected.
If he doesn’t work overtime, then in any previous 12 months if he’s out 800 hours, he shouldn’t qualify for FMLA (as paid but not worked hours don’t count).
It might be close, but it’s something worth checking the next time he applies or you certify an existing FMLA.
Wow, you all are some bitter / resentful people. Shame on any of you that work in healthcare. The people that posted statements about patient care being compromised in office due to employees being out for FMLA, should feel terrible for saying these negative comments. How dare you judge someone with a documented chronic condition. Your FMLA employees are also patients needing care. Instead of bashing everyone with FMLA in the office, or their healthcare providers certifying them you should stop and re evaluate. People with chronic conditions have to make a living and feed their families like all of you. There isn’t much help out there for the working poor, let alone the disabled working poor. Its near impossible to qualify for SS disability, especially if you’re young. You have to be practically homeless with no job to get state assistance. Who can afford health insurance independently, at home without some kind of income? People with chronic conditions spend a ton on medical bills even with health insurance because key word “chronic ” meaning long-term, can’t just go to the doctor’s and feel all better with a prescription. These “abuser” employees are stuck working in physical daily misery which is worse with activity. Stuck because to be able to afford the care they need, they have to work for health insurance which in turn makes the condition worse because they are pushing themselves to get through work every day. People with disabilities need some kind of help! And yes, there should be more Fridays documented as call off days. Its not suspicious, HELLO its because their bodies can’t physically continue. Its called pain and suffering, not woo hoo long weekend. Have compassion people, you don’t know their story, or how bad it really is with some little FMLA paper. And to make them see a doctor for every time they call off is absurd and should be viewed as UN ethical. You shouldn’t make someone go pay their doctor 200+ $ for something that’s chronic and can’t be medically treated any different. Its not the common cold virus. Employees on FMLA that are going through difficult times, or live with chronic pain, do smile and laugh like everyone else. It doesn’t mean they’re faking or abusing anything. You live to put on a happy work face each day so that you can try to pay the bills. One can only do so much of that fakeness before breaking down. That causes absenteeism. Instead focus on and give your complaints to where they should go, government. Get help for people that need help. Then maybe these employees wouldn’t make YOUR work life miserable. Think about how they feel. Probably more upset than you. The office gossip, dirty looks, big sighs aren’t invisible. Those things hurt and cause inner damage and torment on top of what’s already there. Good job, way to go on being decent human beings. If you hate the headaches with FMLA absenteeism, GET A NEW JOB! We don’t need your negativity and tension around us who suffer through every minute of every day. Mean people su*k!
I agree. These comments are a disgrace !
I am one of the FMLA papers people. I am under 30. I am a single parent of 2. I do not qualify for any assistance because my $13.50 and hour puts me at making too much money. My meds cost $200 a month or more depending on if I’m on another “let’s try this” drug. I go to one of my doctors (I have a family doc and 9 other specialists) at least 8 times a month which costs me $15-$55 each time.
That being said, I don’t look sick at all unless you watch me long enough to see me rubbing or stretching or occasionally, crying because of the pain. I have to be strong for my kids and my mom and I try to look like I’m ok. I get the dirty looks, snide comments, sub-par reviews even though I’m the best at my job in the entire company. This is partly my fault I guess, because I don’t run around telling everyone my personal medical information and crying about how bad my life is. A few close friends and my boss knows what I have to tell him but if people ask I am honest. But I prefer to stay positive as possible and not concentrate on my pain and test results. I’m there to work and I do my best. So…if you want to know…ASK US!!! We will probably explain enough so that you can understand why we do what we do or why we missed work that day. We are people too. And just because a person is pretty or doesn’t look “sick” doesn’t mean they aren’t or haven’t gotten use to the constand pain. We have to pay bills too…probably a lot more than you do.
I supervise a staff of 13 for a county government. 5 of my employees have FMLA, and one a domestic violence leave protection. So basically, half of my staff. And clients still come through the door, expecting to be served, as I am constantly trying to juggle our business needs with unreliable employees. I know which are legitimate and which are utilising FMLA to cover their marginal performances. It doesn’t take a genius. The chronic Monday and Friday out. Leaving due to “anxiety” after meeting with me for not getting any work done — unless you count cube hopping social time and hallway cellphone “conducting my business” as work. Those of you “appalled” by the “insensitive comments” of management, clearly are not management. This is a real,and genuine problem.
I work for NYS, in a few group homes. The blatant FMLA time abuse is disgusting. They actually brag about calling out FMLA to party and go on trips. Every time, someone is stuck working another 8 hours, as we have to stay and take care of the residents. It’s all overtime of course, no wonder why NYS is so broke. In the house where I currently work, 3 of nine full time employees have FMLA. One has been gone since March! That’s 40 hours a week of overtime! She shows up for one day, then poof! Gone again. Another (nightshift worker) dislikes certain coworkers, and calls out 3 times a week to stick it to them. So they work 4-12 five days, and get stuck overnight till 8am 3 times a week on top of that. This nightstaff then volunteers for overtime created by her friend on dayshift who also has FMLA and totally abuses it. These two really work the system. When they do show up, all they do is eat and sleep, I am not exaggerating. Hey, I could get FMLA for my health reasons as well as my elderly parents and son with autism. But I really don’t want to jump on the FMLA bandwagon.
not everyone abuses fmla but on the other end employers do abuse employees and that is why fmla is a tool for those who do have to care for a son with a disability is available take it from someone who has been pushed around by a employer .
I’am just writing on the FMLA I just got it this year been on my Job for 13 years and never had an attendance problem till this year my mom got real sick in ICU for 29 days having an anerism and we thought she was going to due well she went to a nursing home for rehiblitation because she could not walk wheel chair bound and could not dress her self 24 hour care we tought everything was going to be ok she was going to stay in the nursing home.. But then the nursing home kicked her out for not having no money. So me and my sister has to take care of her so we have to rotate a couple days a week and pay someone a couple days so thank god for me FMLA beacuase I had my job for 13 years and had great attendance till this year and if it was not for FMLA I would of lost my job .
I was recently forced to get on FMLA Intermittent. About a year or so ago, my doctor restricted my hours to no more than 12. Normally we worked anywhere from 10-11 hours. That really wasn’t a problem. A new company took over & after time, made it mandatory that we all pick up extra days. (up to 8 extra) I started to have physical medical issues (previous injury-worsened by the job) & it was becoming a physical problem for me. They eventually stopped that & I was almost back to normal. All of the sudden, they started forcing us to do 15 hours a day. We stand all day. I really started having issues & eventually, my doctor wanted me to do no more than 12 hours. After a year or so later, the company wanted me to get on FMLA because I qualify. I am thankful for that. However, I didn’t plan on taking time off very often, but have had to lately. There are a few people in the company, that because of jealousy or whatever, they feel they can abuse me. Having me do extra things to make me suffer. I have tried to come up with a solution so they can be happy & I can work the days I’m supposed to, but I don’t think these people care. All they care about is its not fair. I suffer every day & I WANT to work. I would think the higher-ups would be thankful to have me & appreciate my work, instead of try & hurt me. I smile, laugh & pretty much, seem normal. Believe me, I am in pain. Please don’t assume everyone is faking. There are fakes, but there are people like myself who need some extra help. Thank you for listening.
I was recently diagnosed with a chronic auto-immune disorder. I had worked at my job for 2 years without any attendance or performance issues. After having constant “bad days” and countless doctor/specialist appointments and even a couple of hospitalizations, my manager suggested I obtain FMLA. My manager knew that my absences were not of my own choice and didn’t want to take unnecessary disciplinary action against me for missing work. It’s been 1 year since I’ve had FMLA. My condition is mostly under control, but there are times when I need to call in and use FMLA. As much as I don’t want to be absent (I love my job and the people I work with) there are days that I am unable to go to work. I have never abused FMLA and my manager knows and appreciates this. I do agree that some people abuse FMLA and use it as an excuse to slack off, but FMLA is valuable to people that need it and don’t overuse it. I have heard some snide remarks from co-workers such as “I’m sure she’s sick” or “it must be nice to call in whenever you want and not get penalized.” What they don’t know, is that those 2 or 3 days that I was home sick were spent in constant, immense pain and if it were up to me I would rather be at work. Co-workers and managers need to learn that a little compassion for someone who is truly suffering and needs FMLA in order to keep their job that they love, really goes a long way!
why are people hating i bet if you had a chronic condition ,and was ineed of FMLA you will right in your dr’s office.
I am currently covered under intermittent FMLA I have been seeing a therapist regards to depression and anxiety which started sometime after becoming a mom coming from maternity leave then went through postpartum depression. I have really low self esteem, I am constantly paranoid I have very hard time balancing life.I feel worthless I can’t even go to the grocery store without having a anxiety attack. Sometimes I feel so bad that I can’t even get out of bed or get out of my pajamas and if I do try to get ready for work I feel this rush of tightness in my chest and my heartbeats rapidly. I feel disgusted with myself and with how I feel that I don’t want to burden my work. If they want to investigate me go right ahead. I don’t do anything if I do go anywhere its to my parents to help me with my child. I consider myself a good employee just lately I have been going through emotional issues and my work provides EAP which and I go to the people they suggest for stressful situations so not everyone abuse it. Its a comfort feeling to know you are job protected when your mental health or pregnancy situation. If you go through some kind of life change I bet you would want something to protecting your ass.
I am stunned at the comments here. I have an autistic son and in addition to 8 hrs of therapy each week…he sometimes has bad days – episodes. I wish I could “schedule” these – but autism doesn’t work that way. Most of us cannot afford in home therapists to watch our school aged children and that leaves us getting calls to come and pick children up – again – cannot be scheduled. I didn’t take Fmla when my mom was dying of cancer because I was too young to know I could – my hr dept was fully aware of what was going on – aware I took her to chemo – and yet I was fired for excessive absences. With my son – I cannot risk losing my income and more importantly the benefits that help me pay for his treatment. Shame on those of you judging.
I have FMLA for myself at work because I do have a serious health condition. However I have only used it on a couple of occasions and have been saving it for emergency situations where I truly cannot work for a period of time. There are others that work with me and have it, but they call off every other week or are always calling off on the same weekend day every week. Some used it and call off on every holiday. As someone who has it for truly legitimate reasons I cannot stand seeing others abuse the system like this. They could ruin it for those in need
You are all both right! I am sure that there are many valid uses of fmla and it has been a God send for numerous individuals struggling with real medical problems. I will say though that the abuse that I see (I work for a state university) everyday as a manager is appalling. Having worked for technology start-ups for years, with more issues with people working too many hours, now I don’t know what to do to curb the abuse on Monday and Friday absentees and clear and obvious abuse of a law meant to help folks with a real need. We need to change the law asap.
I work with a person who was “this” close to getting terminated because of absences and tardiness. She found a loophole, FMLA, to save her job. she used the excuse of domestic violence, which all of a sudden after it was allowed, it was “anxiety” attacks because of “this place”. so, whenever someone says something to her and she doesnt like it, she claims FMLA and goes home. because she’s mad!! i feel this is chronic abuse of the system, but our employer’s hands are tied. it really stinks, because I, who was supposed to be her only ally here, is the one getting the brunt of it. I not only have to do my job, I have to do hers, and it is causing me great anxiety just knowing the probability that she may show up and how long until she leaves mad! I literally am exhausted, not from the amount of work, which I can handle, just trying to do the best I can, and feeling like I was kicking in the “butt” from her, which i have been. It really stinks that you find out no matter what I did for her, I was used….
For the past 10+ years, I have seen several coworkers mold themselves into FMLA scenarios. From what I recall, all the women go to the same doctor. One has a new illness/pain/condition just about every season. One stated surgery was better than working. After several attempts, one has finally reached the “take off whenever you’re not up to it” status. I can’t get coverage for flu/fever for 5 days, but this person can take off every Wednesday with permission. By the way, they are fine on weekends.
Working with 2 coworkers on a maximum security prison, how can someone who is so broken as to not be able to work their entire shift be allowed to work in such a demanding position? And on a weekly basis go home early or not come in at all?
I’ve been on both sides of FMLA. I used it for 8 weeks when I was on maternity leave. No in between no half days just straight off and back to work. So I know why it’s there to help people who need it, but on
the other side of the coin, are the ones who either abuse it or even might need it but use it in such a way that it makes it hard to be compassionate when you are slapped in the face constantly because of your FMLA coworkers behaviors. I’m a person too just like them what makes me less important because I’m not on it.
I currently work with someone that has had FMLA for what it seems like is years. Every time they get “over” one condition here comes another so back on FMLA they go or one flares up against. I use to feel sympathy the fist time. Some comments claim others are lacking empathy but honestly I’m all out of sympathy. After listening to my coworker go home early everytime the get annoyed or things don’t go their way and then be gone a week and then come back and lecture me about everything I’ve done wrong in thier absence when I’m covering thier job and mine. I’m sick of it. I’m now going home at night hurting, tired, and frustrated. I was recently dignosed with a inflamed foot muscle which means by the end of a long day I can barely walk, but do you see me running to FMLA. But yet if this co worker hears a hint that you aren’t sympathetic with them they threatening to go to HR so nothing is done by HR,manger ect.
Yes a comment said if I don’t want to listen and work with soneone with FMLA then leave but why should I have to leave my job that I love and been there longer for a whiner, entitlement, baby who thinks thier life is more important than anyone elses.
I work for the largest largest railroad in America. I along with countless others used to absolutely love our jobs. I’d say around 2012-13 Or so FMLA spread like wildfire. The scum of scum not only make more money doing FAR less than us employees that pick up the phone and report for duty on any assignment (like were supposed to do per the employer/ employee agreement) they literally pick and choose what jobs and when their going to work WHICH is beyond demoralizing and damaging to the service unit moral, but also creates sub par railroaders because they have no real ” rail time” even though the calender says so. HERE’S WHAT I DON’T UNDERSTAND. HERE in Chicago at least, not only is there a pattern, but it’s written on the walls in BIG RED LETTERS, everybody openly brags about not having to work when it’s raining, cold, the weekend OR when the job about to be called requires you to actually “work” .. it’s nothing to have 10-15 people out of 50 to lay off , worse yet miraculously become OK to work when better jobs are needed to be filled or the football/ basketball or whatever game is over. Many use the same doctors, but everyone of them with ZERO and I mean ZERO exceptions actually use it for it’s intended purposes. Management and the union turn their backs saying it’s federal we can’t do anything about it. So about half the workforce pulls his/ her weight and makes less money, has less of a family life and watches these turds openly flaunt their ability to screw the company over. My profession made it CRYSTAL clear that unlike other careers or jobs, this was a job that pretty much would dominate your life and family’s time, we AGREED AND UNDERSTOOD because the money and benefits used to be good, now those of us who do what was asked like WE ARE SUPPOSED TO are surrounded by the majority, no longer the minority that openly and proudly use FMLA to create their schedules. How can this continue to occur and why? Few things can bring production and safety down faster than ZERO moral, and while life isn’t fair and never will be, this is just blatant dishonesty and theft.