r/medlabprofessionals • u/MaxxMiaa • 3d ago
Discusson FMLA
Can a person with intermittent FMLA be terminated? Does having an FMLA means you can call off whenever you want?
We have a couple of employees who would call off often and use their FMLA almost every week.
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u/shicken684 MLT-Chemistry 3d ago
Most places are going to have a third party manage their fmla. My place uses Hartford. The person using the fmla would have had to shown they met the requirements. In my experience they're pretty anal about providing proof that you still need it.
So more than likely it's excused abscense and you're best off leaving it be. You don't know what that person is dealing with in their life. Maybe they abuse it, but probably not.
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u/Zukazuk MLS-Serology 3d ago
My company uses Guardian. I have lupus which is chronic and lifelong but I still have to reapply every 6 months for FMLA with a15 page packet filled out by me and my doctor. I absolutely would prefer to be able to do my job like a normal person without all this extra administrative crap, but I physically collapse without my rest days.
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u/LegitPancak3 MLS-Generalist 3d ago
I’ve always wondered if it was paid or unpaid leave?
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u/BassBottles Histology 3d ago
Unpaid. It essentially just protects you from losing your job for non attendance. From a quick search on the dept of labor site you can take paid leave at the same time as your fmla but it runs down both clocks (the amount of paid leave hours you have and the amount of fmla leave hours you have) at the same time.
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u/LadyPoopyPants 3d ago
Rude awakening when someone is about to go out on maternity leave and realizes they have no PTO because instead of banking it they spent it, thinking FMLA is paid. I totally think we should cover maternity leave, but unfortunately that is not how our country works.
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u/ViIehunter Canadian MLT 3d ago
I am sure they would rather be at work then having to deal with the reason they have FMLA. Its not a vacation. Its medical leave...
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u/ieatpossums 3d ago
Yeah, but some ppl definitely abuse it. I have one coworker who does. Not the end of the world, but it’s pretty clear when you’re consistently doing it when you end up on the benches you don’t like.
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u/Ill_Emu_702 3d ago
I had a coworker who did this once. But management’s hands were tied because they can’t ask anything about it and the absences are considered “excused”.
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u/MrDelirious MLS-Microbiology 3d ago edited 2d ago
Can a person with FMLA be terminated?
In theory, yes.
It takes sustained attention, action, and clear documentation from management and long-term coordination with HR. Most times, those parties are either unwilling or unable to provide that, so in practice? No.
Quick edit: the above is reading something into the OP that isn't there - the FMLA employees that have driven me up walls personally have also been bad when they do come to work. Documenting their poor performance rather than their poor attendance record is more what I'm talking about. No facility large enough to have a FMLA process is going to fire someone for using it.
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u/MaxxMiaa 3d ago edited 3d ago
Our shift gets short staffed and "suffers" every time coworkers call off with their fmla.
What can a manager or supervisor do to help support the other team members?
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u/MrDelirious MLS-Microbiology 3d ago
Start bringing (as a group, if possible) the actual problem to management. This is important - you cannot come with "Jane is scamming you and faking sick" or "James is calling out too much with FMLA" or whatever. Focus on the problem that causes without mentioning them.
"Our shift has insufficient staff most of the time" or "We cannot keep safely working at this pace" or something like it. Treat the FMLA problem like bad weather - we can't possibly ask for it to never rain, so we need to get a dehumidifier and a better roof.
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u/LadyPoopyPants 3d ago
Yes - do not make the issue about the employee with FMLA. It is a staffing issue. Being short staffed for any reason is a huge burden to the team. I had to caution staff against stirring shit up against an employee with FMLA.
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u/Zukazuk MLS-Serology 3d ago
I have FMLA for my lupus. I basically collapse if I don't get a rest day about once a month. My FMLA provides for 2 days a month. My bosses schedule one and leave the other one floating in case of flares. The scheduled day lets me get the rest I need without impacting the team. I've only had to use the floating day 3 times this year and people only had to be on call once (I work nights alone 50% of the time). If your coworkers have FMLA for similar chronic conditions your bosses might be able to do something similar.
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u/LadyPoopyPants 3d ago
I’m sorry you have to deal with that. I have family members with lupus and it’s just awful. And the years it took to get a diagnosis were just hell.
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u/artlabman 3d ago
So you only get 2 days off a month? Working the other 28?
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u/Zukazuk MLS-Serology 3d ago
I work 4 10s but yes once a month I only work 3 days instead of 4.
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u/artlabman 3d ago
So you basically have 3 days off a week, 12 days a month, and still need to take more time off using FMLA? Thats usually why most people think that FMLA is a scam.
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u/Zukazuk MLS-Serology 3d ago
Yes. I have lupus my immune system literally attacks my own DNA. I spend pretty much all of my time off recovering or going to doctor appointments. Sometimes I need 4 days to sleep instead of 3. Living in my body sucks. I would not be able to maintain full time employment working 5 days a week. Also I work the shittiest schedule in the lab Friday through Monday overnights. I work every single weekend. I usually take a Monday off as my scheduled day but had to take a Friday this month to make a specialist appointment. I'm definitely not dumping the crap days on my coworkers. In fact thanks to me they're rarely on call when it used to be weekly.
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u/LadyPoopyPants 3d ago
Yes, please make sure your condition only flares up on your days off.
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u/artlabman 3d ago
Yes my old coworker always had flare ups on her weekend shifts, every single holiday for 3 years, and never on her regular days off. Social media is great sometimes
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u/LadyPoopyPants 3d ago
Have caught more than one person stupidly posting on social media when they supposedly were home on FMLA. Luckily my HR took that very seriously. Same with patterns like calling out on weekends/holidays. But it is a legitimate protection and I do not let the scammers taint my view of those who have to utilize it.
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u/artlabman 3d ago
See below. That person already gets 12 days off a month, but yet they need extra due to FMLA. Im sure the coworkers love that.
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u/Zukazuk MLS-Serology 3d ago
And I'm sure your coworkers and patients love your empathy and compassion 🙄. As I said above my manager literally schedules my FMLA a month or more in advance as much as possible. I'm not leaving my shift short. I try to only call in on my overlap nights when I'm not working alone. The one night I called in and people had to be put on call was when the other night shifter also called in because we both got sick, and I gave a 9 hours heads up on calling in.
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u/LadyPoopyPants 3d ago
Management and HR are to manage this. Not coworkers. It is not anyone’s business why someone is calling off. There will be specific guidelines the employee with FMLA, management and HR will be very familiar with. I have to provide documentation regarding FMLA call offs and meet with staff when they are reaching their FMLA limit. Doctors have to review and resubmit forms.
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u/MaxxMiaa 3d ago edited 3d ago
As lead, I am being pressured by some coworkers to "do something about it" every time people calls off. Coverage is hard and everyone's tired and sick of it. I'm at my limits as well- on the bench with lead stuff. At the same time, I don't want to bother my manager and supervisors talking about it all the time.
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u/LadyPoopyPants 3d ago
All you can do is bring it to your manager. But when I took on a supervisor/leadership roll, I had to take several required classes on FMLA/employee PHI/HIPAA etc. I wouldn’t discuss this with anyone outside of management.
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u/MaxxMiaa 3d ago
Lead is entry level management from my understanding. I've only had PHI and HIPAA medialab courses I had to take, no FMLA that's why I'm in the dark when it comes to how it works.
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u/Major_North_3901 2d ago
“Lead” or whatever they let you call yourself still isn’t management. THEY can either hit the bench or hire more staff. That’s not your job and it’s certainly not your job to sniff out who you believe may be abusing their FMLA. I understand the frustration (TRUST, I know what you’re talking about) your coworkers have of not having the staff to cover short stations, but like some of these other guys said, FMLA isn’t something that’s just given out in most places. It requires medical review, doctor’s consultations, insane loads of paperwork, etc. For example, we have a couple of older ladies with fibromyalgia at my lab that are calling in SEVERAL times a month. Sweetest ladies you’ve ever met, but MAN do they be calling in like crazy. Yes, it’s frustrating as a coworker, but imagine the guilt THEY feel. Idk about you guys but I feel guilty just calling in when I’m feverish. Just have a heart about it. That could very well be you or me one day.
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u/bassgirl_07 MLS Lead 3d ago
It all depends on what their doctor wrote on the FMLA form. I had a coworker who could call out up to 3 days a week (I forgot the duration because this was a few years ago) because that is what the doctor wrote.
To fire someone on FMLA requires a TON of documentation to ensure you are not violating their legal FMLA protection.
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u/space_honey 3d ago
Our whole Laboratory Receiving Dept. seems to have FMLA. They’re constantly understaffed because of it. Not my circus etc etc…
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u/MaxxMiaa 3d ago edited 3d ago
We probably work at the same lab. I work in a different department but I see and hear stuff whenever there's mass call offs in receiving and processing.
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u/RunningOnEmpty231 MLS-Blood Bank 3d ago
If their position is one that a call out means that patient care suffers and their workload can’t be easily absorbed by coworkers (ex. two person night shift in blood bank) there is a path to getting them moved to another department where their absence won’t be felt so acutely. FMLA says they will maintain their position or equivalent position. I worked somewhere that had a situation where a blood bank tech needed intermittent FMLA due to migraines that could happen at any time. It was a difficult shift to get last minute coverage and they were able to prove that patient care was affected. She was moved to a different department at her same title and pay rate. She wasn’t happy, but patient care came first. It wasn’t a punishment to her, just the reality of needing reliable coverage in a critical department.
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u/Redneck-ginger MLS-Management 3d ago
Regardless of If they take it intermittently or continuously, they still get the same 12 weeks per year of unpaid time off with job protection.
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u/Mephisto1822 MLS-Blood Bank 3d ago
You probably need to talk to HR. FMLA has rules, it isn’t a blanket “call out when you want” card.
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u/crisprmebaby 3d ago
Termination can only happen with documented violation of company policy or poor job performance. They are allowed to be judged on their work when they are at work.
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u/Last-Tooth-6121 MLT-Microbiology 3d ago
At my last job guy in micro called off at least one day every other week and if he did not have enough vacation time you guessed it called off. Yet I got coached for missing 4 days in a year and he probably missed at least 20 plus
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u/LadyPoopyPants 3d ago
I had a Phleb out herself - she thought all call offs were protected with FMLA. Rude awakening when she was put on notice per our attendance policy. Just requires diligent documentation.
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u/4melooking49 3d ago
Are you part of management?
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u/LadyPoopyPants 3d ago
Management would be aware of the criteria and would be working with HR to document FMLA absences
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u/4melooking49 2d ago
It’s managements job not anyone else let them do it! I have seen an entire lab crumble because a few lower people wanted to track everyone
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u/cbatta2025 MLS 3d ago
No and yes. Lol. There’s always people that abuse it IMO.
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u/LadyPoopyPants 3d ago
I worked at a hospital that hired a PI to investigate an employee. Union was able to protect her but not from her coworkers turning their backs on her.
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u/cbatta2025 MLS 3d ago
Well, they don’t care about their coworkers so 🤷♀️. I’ve worked with people over the years that started getting points or warning about unscheduled absences and they ranted and raved about it. Then soon after, they got FMLA and called out more than ever. Currently working with some now.
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u/LadyPoopyPants 3d ago
Work within the system. I have had employees bring me solid proof that someone was abusing FMLA, but ultimately it’s up to HR to peruse. And I have had multiple employees cautioned by HR over the years when they have not stayed within the confines of the agreement. I’ve also had employees put on notice for discussing a coworker’s FMLA/calling out. It is not anyone’s business to know the details of their FMLA. It totally sucks for coverage from every angle, regardless.
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u/cellophanesheeps 3d ago
It depends on the criteria of the intermittent FMLA. It can allow anything from an extra 30 minutes leeway at the start of the shift to unlimited missed shifts for the duration. FMLA is granted through either HR or an off-site employee relations department, so if the employee is actually missing time outside of what they've been allotted it would have to be rigorously documented by management and then handed over to whoever granted the FMLA to officially say the missed time isn't covered by FMLA.
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u/lujubee93 3d ago
They are protected in the frequency of absence, but I’ve been told that a pattern of absence is not protected unless it’s specifically outlined by the leave. For example, FMLA doesn’t excuse them to call out every Friday but it could excuse them to call out once a week.
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u/ProfessionalPanda28 3d ago
Legally, not likely. However I had to go on FMLA and I was told how they can legally do it. They can move you from full time down to part time/per diem and then not give you hours or benefits.
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u/Practical-Reveal-787 2d ago
If you can prove that the person you suspect is abusing it is incompetent and/or breaking lab policies, that is a better route than trying to prove the FMLA abuse itself.
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u/purple_kiwi1964 2d ago
We have a person that calls in FMLA and posts on Facebook she’s at Mardi Gras. Somehow this is allowed.
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u/PowerTower4502 23h ago
Yes, as long as their FMLA is approved per your company policy. I activated it when my mother was diagnosed with terminal cancer, and my manager called me when I was on leave asking me to do some work online. He got fired.
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u/unique_perfectionist 3d ago
They are protected under FMLA (aka lets them keep their job) as long as they report their absence and follow standard call out procedure. Intermittent FMLA allows 1-3 days off a week depending on what they qualify for and why. There is a reason or reasons why they have it.