This isn’t the first time you’ve had an employee who wanted to take leave under to the Family and Medical Leave Act (FMLA). The act has been in place for over a decade, and you’ve had employees take leave for childbirth, elder care, and to recover from surgery or injuries. In general, most people have used the FMLA as it was intended and have been relieved that they didn’t have to choose between their job and caring for a family member. As with most things, however, there are always abuses, and you have occasionally had to grapple with a request for time off that you considered questionable. Today, you’ve received one of those requests.
You operate two upscale restaurants, one in the financial district and one in the entertainment district. Last week, you had to move Cal, one of your experienced bartenders in the financial district location, from the happy hour to the lunch hour because you needed his experience. Although Cal would now be the team leader on the day shift, he was angry about the change, insisting that it amounted to a pay reduction because no one has three-martini lunches anymore. He said he’d only be serving soda and coffee, and tips on those drinks weren’t going to pay his rent. Even without drinks, lunchtime checks generally average $75 per table, so you assure Cal that once the five waitresses tip out (i.e., give a portion of their tips to the bar-tenders and table clearers), he should not experience a pay reduction. You reiterate that you really need him on days because the new crew is having trouble keeping up, even though they are just serving soda and coffee.
Upon receiving his new assignment. Cal immediately announced his resignation. Before leaving at the end of his shift, however, he told you he had changed his mind. But today, he came in late and gave you a doctor’s note saying he required a 12-week leave for stress!
Under the FMLA, stress is considered a serious health condition, so you have to grant Cal’s request and continue his health coverage. Legally, you can ask that he get a second opinion, but you can’t question a doctor’s recommendation for time off. Cal has requested the maximum time allowed-12 weeks unpaid leave per year-and if he decides to come back after that, you have to keep his job for him. You are convinced, however, that he intends to quit when the 12 weeks are up.
What are you going to do? Asking other employees to pick up the slack will create morale problems for both the day and evening shifts (they get testy enough when someone is on leave for a legitimate situation). But hiring a temporary replacement may not solve your problem. If you do hire a temp, you might find a great new employee whom you’d have to let go in 12 weeks if Cal does come back. Maybe you should just be thankful that Cal requested the leave in one block, instead of taking if in daily or hourly increments, which, according to the law, he could have done.