June 09, 2003

Andy Kubat

Some employees have been getting the FMLA runaround lately when attempting to get FMLA coverage for absences requested in advance.  In some instances the employees have been told by their supervisors to request FMLA only to have the FMLA coordinator deny their requests.  The reasons for denial range from “incomplete documentation”, “illegible handwriting”, and “incomplete diagnosis” to demands for disclosure of information not required by the Family Leave Act.  The end result is clerks jumping through hoops to satisfy the FMLA coordinator in order to receive FMLA protection for their absences.  But is that protection always needed?  Aye, there’s the rub!

The Employee Labor Manual (Sec 511.41) states that employees are expected to be regular in attendance and “avoid unscheduled absences”.  Under the law, employees cannot be disciplined for absences covered by the Family Medical Leave Act.  This protection usually is most effective when applied to unscheduled absences.  With the exception of extreme cases, employees are not disciplined for scheduled absences.  If an employee submits a 3971 and makes a request for S/L in advance (dr. appt, surgery, etc. . . )  those absences become scheduled absences and will not be used for discipline purposes.  As such, scheduled absences do not always need FMLA protections since the protection from discipline is built in.  Having a scheduled absence covered by FMLA adds no additional protections.

If you make a request in advance for S/L you do not need FMLA to protect your absence.  Why use FMLA hours (which are limited to 480 hrs per year) for an absence that is scheduled in advance and already free from discipline?  As long as it’s approved as a scheduled absence, save the FMLA coverage for potential future use.  However, management can force an employee to use FMLA for a scheduled absence.  Management can designate an absence as FMLA covered if the evidence supports it even if no request for FMLA is made.  

So, for all those employees that have scheduled appointments, medical treatments, hospital stays, or physical therapy. . . Submit those 3971s in advance.  Get the absences approved as scheduled absences.  Save your FMLA coverage for unexpected illnesses.