in the state of VA, is there a way to prevent employees from abusing fmla?
many employees use all of their break days and sick days and then around holidays take a day bad for fmla. can the employer ask for a dr's note? if the company has an attendance incentive (employees that don't have any unscheduled days for a sure period get a cash bonus) can those taking fmla be disqualified from the incentive? I'm trying to facilitate our HR director because they don't think we have any legal rights. I come up with we should be able to require a dr's note if they are taking fmla for a dr's appt and i don't think they should know how to get the attendance incentive. I work closely with the HR dept and am in various meetings where this problem arises. I'm not a nosy member of staff who is jealous of a co-worker or anything. I'm just trying to help my HR dept to preserve employees from abusing fmla.
Best Answer:
FMLA is to be used vis a vis SERIOUS medical conditions. AND you, as the employer are permitted to require documentation of said condition. Q: Do I have to administer my employer my medical records for leave due to a serious health condition? No. You do not enjoy to provide medical records. The employer may, however, request that, for any leave taken due to a serious health condition, you provide a medical credentials confirming that a serious health condition exists. Q: Can my employer require me to return to work before I exhaust my leave? Subject to convinced limitations, your employer may deny the continuation of FMLA leave due to a serious health condition if you fail to fulfill any obligation to provide supporting medical certification.
http://www.dol.gov/esa/whd/regs/compliance/1421.htm#4
Check with the state's Equal Employment Opportunity Board or Commission
Persons taking leave below FMLA have supplied the employer with the required documentation, including doctor's notes. The employer may require sporadic supplemental notes from the doctor. The employer/manager may not disclose any such private information to any of the employee's co-workers. Any co-worker, therefore, can only guess whether or not an malingering is covered by FMLA. I believe that the attendance incentive, available to persons who meet all conditions, may exclude an member of staff whether or not the absence was FMLA related. Check with Human Resources at your company.
