Are employees abusing FMLA?
Did we abuse a good thing? Employers suggest we did. Twelve years ago, one of the best things happened to workers at businesses with more than 50 people -- the Family Medical Leave Act. The law allows us to take time off after childbirth, adoption or for sickness. It created more family-friendly workplaces -- allowing for time off without the fear of losing our jobs.
Now, the Labor Department wants to know if all is well with how this law is used and employers are speaking up. They say its not the people using FMLA for family leave that are the problem, but those using it for medical leave. We were supposed to use FMLA for time off when we had serious health conditions. Instead, employers say some of us are using it to stay home Monday morning after a weekend of partying or when we have stomach aches -- not the serious health conditions intended when the law was approved. So these employers groups want the Labor Department to make changes. They also want the right to call our doctors and ask more questions about medical forms that document our need for time off when we get seriously sick. What do you think about FMLA? Is there a need for clarification?
Click here to read my article in today's Miami Herald on FMLA.
Now, the Labor Department wants to know if all is well with how this law is used and employers are speaking up. They say its not the people using FMLA for family leave that are the problem, but those using it for medical leave. We were supposed to use FMLA for time off when we had serious health conditions. Instead, employers say some of us are using it to stay home Monday morning after a weekend of partying or when we have stomach aches -- not the serious health conditions intended when the law was approved. So these employers groups want the Labor Department to make changes. They also want the right to call our doctors and ask more questions about medical forms that document our need for time off when we get seriously sick. What do you think about FMLA? Is there a need for clarification?
Click here to read my article in today's Miami Herald on FMLA.
posted by Cindy Goodman at 12:27 PM
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1 Comments:
I've worked in HR for over 20 years, and these issues are always touchy. An employee should not be able to get by with taking FMLA leave for a Monday hang-over. The employer has the right to ask for documntation that the leave was for a serious medical need. You can also require the employee use their paid time-off before starting to use FMLA time. There are always people waiting to abuse these benefits and they ruin it for the people who are using it legitimately.
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