Anyone know much about FMLA law?

[Boozer]

I have a co-worker who has FMLA.
She has some sort of back problem and requires that numerous special accomodations be made for her. She also has a condition that allows her to be excused from 2 shifts a month at any given time. She uses up her 2 shifts 2 days before her days off so she gets a 4 day weekend.
Every month my co-worker uses up her FMLA days at the very begining of the month so she can't get any more time off for the rest of the month. She comes into work so hopped up on percocets and oxycontin she falls asleep, I have seen her mid sentence with a client, buckle over and fall asleep. Needless to say I end up helping about 80% of her clinetal while she gets the financial credit for me doing so, and my clients don't get the attention they deserve because I have to juggle them and my co-workers.
Myself and every other co-worker has confronted our manager about the situation. He says due to her FMLA there is nothing he can do, and so long as she is present, even if sleeping he can not make her go home and he can not discipline her. He said he has asked her to go on disability but she refuses to do so because she claims she can't afford the lost wages. This girl is 5' tall weighs maybe 90 lbs dripping wet, and told me last month she went through 280 percocets.
In my opinion there is no possible way that FMLA would allow a person to sleep their entire shift, treat clinetal like sh*t, and make every co-worker suffer as a result of the neglect and carelessness. It's as if we are all being held hostage because of this girl.
So I'm hoping some of you know the down and dirty on FMLA and what it does and does not protect people from.

[OverKill]

I know this very situation. I worked with a guy that was going through a divorce and was seeing a theropist for all the emotional S**T. He was so doped up on antidepressents he could hardley stand let alone walk. He was fired, you want to know how.
1) the employer can let you go if your a liability and could cause an accident and/or hurt others. For example a slip and fall because she is to doped up to work.
2) Just making to many mistakes to costs the company way to much money. Keep tabs on her. Add up all the money lost by keeping her there and doing no work.
3) also if a fire breaks out and shes asleep her own life is at risk.
That is what disability is for, if it is less and she can't afford it there are other government programs to help her out. By all means you shouldn't have to hold her head above water.
OverKill

[HokeySon]

I know it a little. "qualified employees" of some employers (basically decent sized companies) get up to twelve weeks of unpaid leave to attend to family medical issues, including their own medical condition. The leave can be taken intermittently (as you describe) or all at one time. an employee cannot suffer any adverse action for taking authorized FMLA leave, but any personnel decision that would have been made anyway (whether or not the employee took leave) may be taken.
This is a very complicated area actually -- more so than it should be. I assume that you have an HR department and they are up on the situation. I would guess that either your manager's hands are really tied as he claims or he hasn't tried hard enough to make HR aware of the actual situation.
PS: as noted above there are exceptions for safety, but like I said, it is a very complicated area and tons of money is spent trying to teach it to HR professionals, lawyers and others.

[Pepperkornski]

I have a co-worker who has FMLA.
This girl is 5' tall weighs maybe 90 lbs dripping wet, and told me last month she went through 280 percocets.
How does she get to work? I hope she does not drive! :2purples:

[Boozer]

I know it a little. "qualified employees" of some employers (basically decent sized companies) get up to twelve weeks of unpaid leave to attend to family medical issues, including their own medical condition. The leave can be taken intermittently (as you describe) or all at one time. an employee cannot suffer any adverse action for taking authorized FMLA leave, but any personnel decision that would have been made anyway (whether or not the employee took leave) may be taken.
This is a very complicated area actually -- more so than it should be. I assume that you have an HR department and they are up on the situation. I would guess that either your manager's hands are really tied as he claims or he hasn't tried hard enough to make HR aware of the actual situation.
PS: as noted above there are exceptions for safety, but like I said, it is a very complicated area and tons of money is spent trying to teach it to HR professionals, lawyers and others.
My manager says he has contacted HR numerous times and they have been completely worthless. I have to believe that there is something that can be done in this situation. On Monday she fell asleep with a cash drawer wide open in front of her, had I not been there to close the drawer anyone would have had open access to wipe that puppy out.
The biggest problem I see in this situation is that not only is HR worthless but she is also represented by a union. I'm sure that as usual the union will do what they do best and protect those who don't deserve protection.
This sucks.... :mad:

[Boozer]

How does she get to work? I hope she does not drive! :2purples:
She did drive... Until she totalled her car last week. She's been bumming rides all week from family but no worries, she's picking up her new car tomorrow night.

[OverKill]

Well you can start by not helping her anymore. Sooner or later she will F**K something up bad enough to get her out the door.
OverKill

[HokeySon]

My manager says he has contacted HR numerous times and they have been completely worthless. I have to believe that there is something that can be done in this situation. On Monday she fell asleep with a cash drawer wide open in front of her, had I not been there to close the drawer anyone would have had open access to wipe that puppy out.
The biggest problem I see in this situation is that not only is HR worthless but she is also represented by a union. I'm sure that as usual the union will do what they do best and protect those who don't deserve protection.
This sucks.... :mad:
Your right -- it sucks and the union representation does complicate things (I say that because I am sure that the collective bargaining agreement applies to discplinary actions, not because I don't like unions).
I am not the right guy to give you advice on what to do in this situation except to say try not to allow this to become your problem -- it is your manager's problem. If he doesn't want to deal with it, why should you? I know that sounds wrong, but really, you are being paid to do your job, not hers and your manager's. And, the situation probably has to get worse before any action will be taken -- It won't get worse while you are covering for her.
Sorry I cannot be more help.

[charlyox]

FMLA = For My Lazy Ass

[HokeySon]

Well you can start by not helping her anymore. Sooner or later she will F**K something up bad enough to get her out the door.
OverKill
you said it better.

[Pepperkornski]

She did drive... Until she totalled her car last week. She's been bumming rides all week from family but no worries, she's picking up her new car tomorrow night.
Maybe the cops will watch her, like if some one informed them of her condition? :idea:

[YeLLowBoaT]

My manager says he has contacted HR numerous times and they have been completely worthless. I have to believe that there is something that can be done in this situation. On Monday she fell asleep with a cash drawer wide open in front of her, had I not been there to close the drawer anyone would have had open access to wipe that puppy out.
The biggest problem I see in this situation is that not only is HR worthless but she is also represented by a union. I'm sure that as usual the union will do what they do best and protect those who don't deserve protection.
This sucks.... :mad:
you should have let that happen. if she can't do her job ( ie falling asleep, on Rx) Then she can be fired.( in all but the strongest "right to work states") the union adds a twist. Also If she can't keep up with her work load you doing her job is not helping.

[jag2]

9 percs a day, wonder if she got a DUI with that accident :idea:

[Infomaniac]

I can tell you that it depends on the company's policy regarding FMLA. Their interpretation and how they choose to enforce it.
Unions use it to the full extent of what the company allows. Plus some.
It is basically extortion with the supposed backing of the government.
It is a lot of times abused and confused with American disibilities act.
If the person can meet the basic requirements of the job description then they have limited privilidges under fmla. If they cannot perform the job meeting the basic requirements then they are not entitled to the job. They might be allowed to perform certain jobs with their limitations.
It all boils down to how big the companies balls are in respect to union pressure.
And unions that push to have their members perfom jobs that are not productive ane POS unions.
Been there done that. :D

[Mrs.Moose on the loose]

I can understand your anger, but some people do get it and abuse it and it's sad. FMLA it stands for "FAMILY MEDICAL LEAVE OF ABSENCE." It is used for to take care of a family member or yourself, I have it for my husband when he broke his back, and there are times that we have to go out of town to one of his Dr. and I do use it. Or if he is having a bad day, then I have used it to be home and help. But I do know of some people that at my job will say as they are walking thru the door, well looks like a FMLA day. They go home early to watch a game or something.
The purpose is so that you can't get fired for having to take care of someone, and it's all up to a Dr, to decide how you can use it. Mine states as Needed, I have 60 days a year.
Now if you can prove a pattern of abuse then you can get them for that. I beleive it is so many weeks straight.
Good Luck but please understand there are some of us good ones that don't abuse the system.

[boatsnblondes]

I know a LOT of rails use it to skirt the focked up attendance policy at the railroads....you can not be harrased or disciplined for taking the time off if you lay off FMLA....great stuff...I have used it in the past,,,,worked like a charm...:D

[paradigm shift]

Well I feel your pain. FMLA is so abused by too many. I think it is a good idea just abused too often. You can read up on it but its really up to your employer and how much they are willing to document and risk a law suit. I do not see how any person working in the condition you have described can be considered fit to work though. Safety risk to anyone around them in this condition in my opinion. Good luck.
http://www.dol.gov/esa/whd/fmla/