Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: An employee tells coworkers that he will be taking off for a long weekend, but does not have seniority to receive leave and is on the work schedule for those days. The employee then calls in with an emergency and claims FMLA (Family & Medical Leave) for those same days. Is this FMLA abuse? A: The FMLA rules anticipate that an employee request a FMLA absence in advance. Recognizing that…
Browsing: sick leave
Federal managers: Who makes the decision about when to use sick leave? Is it always the employee? Do you ever suspect that the employee may be abusing sick leave, but you lack proof? Do managers have any control over this most basic employee entitlement? The answer is in the “leave restriction letter,” or as it’s called in some agencies, a “letter of requirements” or a “leave status letter.” By custom, employees may self-certify the first three days of any sick leave absence. After three days, an agency may require medical evidence to support the absence. When an employee is out…
Ask the Lawyer received the following paraphrased question from a reader on a legal matter that might be of interest to the entire audience. Q: Please let me know what constitutes sick leave abuse. A: Sick Leave Abuse Explained Sick leave abuse is a broad and controversial subject that unfortunately is pervasive in the federal workplace. It occurs when an employee misrepresents that either he or she or a family member have an illness or medical condition that requires the employee to be absent from the workplace on an approved leave status to care for him or herself or the…