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Discussion

FMLA abuse

Am I the *** for wanting to report a coworker who has FMLA and I am almost certain the are abusing it. This person called out on FMLA last month and then posted pictures of herself, living it up, on a trip out of a state. Now, this week she called in for Thursday and Friday. I was made aware that she asked a coworker a few days ago to pet sit Thursday- Sunday because she is going out of town. It's possible she using FMLA appropriately, maybe she is seeing an out of state MD for her serious health condition, however I highly doubt that's the case. 

I am all for people having time off and using thier PTO, but I feel like this is a different situation knowing she is using FMLA. I don't want to get anyone in trouble, but at the same time she is (presumably) breaking the law, along with leaving the team short. Another reason it irks me is that there are other people (not me) that are don't have protected FMLA having trouble getting time off  or getting reprimanded for attendance because of company policy, and they are actually missing for legitimate reasons, they just aren't protected by FMLA. 

What would you do? Does anyone have experience reporting someone for FMLA fraud?

Featured Replies

I would mind my business. Life will take care of itself.

  • Guides

I concur with Tweety MYOB

 

You said the following in your post: " ...possible she using FMLA appropriately, maybe she is seeing an out of state MD for her serious health condition."    This is a possibility.  One thing that popped into my head immediately is, she could possibly be a transplant patient. For transplants, people sometimes have to spend time going through multiple interviews and multiple labs and other diagnostics, to decide whether they are a candidate for one and/or there are multiple follow ups post-transplant.  And yes, whether they are pre-or post transplant, they could look and act normally.  I'm not saying this is the case, but this is one example of where her "living it up" is quite possible.

I agree with others who have commented on here, just let it be for now.  If she really is taking advantage of the system, somehow it will come back to her.

Wow, yes you're the ***. You have no idea what her condition is or why she has FMLA, no matter if she's told you what it's for, you truly don't know. Some people lie to coworkers because they don't want them to know what's truly going on with them and that's their right. You are not her physician or part of the FMLA team. FMLA can also be taken for mental health reasons, or even care of a sick loved one, and other things. FMLA explicitly allows employees to travel, leave town, and engage in normal life activities as long as those life activities does not contradict the medical certification that lead to FMLA approval, which YOU are never entitled to know. 
 

Besides, if you report your suspicions, how does that help you? Do you get anything out of it? Does that give you a raise? A promotion? A bonus? If your suspicions are correct, then your company is going to say thanks for saving us money! And possibly terminate her. Then you're down a coworker, labeled a brown noser, and that's as far as any appreciation for you goes. If your suspicions are incorrect, then you're labeled a brown noser still, a busy body, and who wants to be friendly with someone like that? I'd honestly suggest you mind your own business. It does not affect you.

You are the ***. Mind your own business. You are a nurse coworker, not her provider, stay in your lane. Nursing already has enough back stabbers.

You are not the FMLA police.

I'm going to concur with previous responses and say MYOB. The first thing that popped into my mind was that a person can get FMLA approval for mental health issues as well as physical issues. Not all reasons would be visible to others through casual observation. 

I managed FMLA leave a few years back.  I can't tell you how many people called in for FMLA for being late 5-10 minutes every day.  The ER knew they were late due to dropping kids off at daycare or overslept.    I would worry more about opening my mouth, getting found out and finding your car with slashed tires, etc. I would mind my own business.  FYI:  The ER may ask for a MD note however the courts have generally held that requiring a note for every single absence (like daily) can be considered FMLA interference, but they can request certification to verify the initial need and periodically (every 30 days), especially if paid leave is involved. They can't demand details about your medical condition, just confirmation of the need for leave and its duration.  

I'm someone who is on both ends of the spectrum now at this stage in my life. I worked with someone who abused FMLA in my younger yrs but I'm now physically disabled with heart failure that others can't "see". It was very frustrating working with someone who blatantly abused FMLA. Us coworkers suffered for it because she would never be there to pull her "weight" & the rest of us were told we had to come in to work on our day off to "catch up". That being said, I'm pretty sure it will do no good for you to report her because I somewhat did as I loudly voiced my opinion with the facts of what she was doing & I was the one who was called into the office by mgmt & got in trouble for "questioning policies" ... disgusting. And FYI .. no, I'm NOT abusing the system now!

  • Experts

I would leave it alone. Also, I would not discuss your opinion/thoughts about it with even your most trusted colleagues. I worked with someone who had FMLA for a family member and there were 2-3 people would always speculate about the veracity of her FMLA and they'd be resentful that the person was "free" to call off. Even if that person had been misusing FMLA I thought the cruddy behavior of our colleagues towards her (behind her back) was far worse. They basically smeared this woman's name to anyone who would listen.  Totally toxic.

Leave it be and hope you never need FMLA for yourself or family. 

MYOB some disabilities are not obvious and you don't know what she has going on.

  • Experts

"You can get no one into more trouble than they can get themselves into."
-Edgar Cayce

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