problem employee

Does anyone here know for a fact that she has brought up lawyers or filing some sort of harrassement charge before? She is in my opinion a waste of space and money and has no business working for this agency or any other. I say let her file for unemployment if she wants to file something. She doesn't care about this job and uses the uniform as an excuse to get someone to look at her just like she did with her "Edited".

Just because someone says' lawyer doesn't mean your knees should buckle and knock.... If the employees behavior justifies discipline, including termination, go for it. Bad behavior is a direct result of weak administration. It destroys morale and actually hurts any good employee. The administration needs to document, counsel and then proceed with whatever steps scary to get compliance from the employee. This is what happens after years of sweeping things under the rug. The HR director and CM need to address this, after all it has been here longer then the Chief. If nothing comes of this, everyone needs to carefully monitor the situation and use it if you're ever in the trick bag, it is called selective discipline..........

Sorry, fat fingers, it should read " whatever steps NECESSARY to get compliance", scary is what this city has become!

No action taken

Maybe the new chief can answer those questions. By the way, how is he doing? Is he staying out of trouble? :lol:

Report to work, handle your calls, go home. Regardless of whats happening, it seems that this process is constant.

Peace

Wow, that problem employee has been straightned out by the LT, she is blazing the attendance trail now. Thanks for handling that problem LT.

I am still amazed she has a job. Does your administration not see that this is a morale issue not only a man power issue. It also sets one hell of a presidence So every employee at your agency can call in sick, and use all their vacation time and even take time off without pay and they can not be punished?!? I wonder if a male employee were to act this way would the department be as lenent?

cover cover cover.....sweep sweep sweep.......cover cover cover.......sweep sweep sweep.....pretend your busy until 430 then go home and it will all go away. dont worry its not your problem, someone else will deal with it after you retire. Heck its not really that big of a deal, its not like it ticksoff the people who actually show up to work and do something to earn their paycheck.

So I understand the buzz at the department today?!?!? She took several days without pay last week. So she worked a detail Friday night and a 12 hour detail on Saturday to make up for the lost money, turn right around and call in sick on Monday, without pay of course. How is it the city allows her to take time without pay, but then allows her to work a detail. I would love to work some details to make some extra money!

How can the new chief just ignore this? I understand McLin and the Major ignoring it, they have for years. Does the city manager know what is going on? I'm about ready to blow the wistle on this to the papers. I work hard and hardly ever call out and she gets to come and go as she pleases!

I would bet anything she is protected under FMLA. Meaning, under federal law, she can't be disciplined for using leave for certain preapproved medical conditions.

That doesn't mean that leave can't be monitored very tightly. Every time she calls in sick and states it is related to her approved FMLA condition, she should be required to provide a new medical certification. Many doctors charge $25 to complete these forms. Also, if using excessive sick leave, many employers will deny all other leave requests; "Sorry, you have already missed too many days, we can't approve any additional days."

I would bet anything she is protected under FMLA. Meaning, under federal law, she can't be disciplined for using leave for certain preapproved medical conditions.

That doesn't mean that leave can't be monitored very tightly. Every time she calls in sick and states it is related to her approved FMLA condition, she should be required to provide a new medical certification. Many doctors charge $25 to complete these forms. Also, if using excessive sick leave, many employers will deny all other leave requests; "Sorry, you have already missed too many days, we can't approve any additional days."

*With the pregnancy yes, with all the time missed for migraines, no. a day here and day there is not covered under the FMLA guidelines.


Family and Medical Leave Act of 1993

29 CFR 825.114 - What is a "serious health condition" entitling an employee to FMLA leave?

(a) For purposes of FMLA, "serious health condition" entitling an employee to FMLA leave means an illness, injury, impairment, or physical or mental condition that involv

(1) Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefor, or recovery therefrom), or any subsequent treatment in connection with such inpatient care; or
(2) Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

(i) A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefor, or recovery therefrom) of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves:

(A) Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or
(B) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

(ii) Any period of incapacity due to pregnancy, or for prenatal care.
(iii) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:

(A) Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
(B) Continues over an extended period of time (including recurring episodes of a single underlying condition); and
(C) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

(iv) A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.
(v) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

(b) Treatment for purposes of paragraph (a) of this section includes (but is not limited to) examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations. Under paragraph (a)(2)(i)(B), a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen). A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
(c) Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not ``serious health conditions'' unless inpatient hospital care is required or unless complications develop. Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave. Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met. Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
(d) Substance abuse may be a serious health condition if the conditions of this section are met. However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care services on referral by a health care provider. On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.
(e) Absences attributable to incapacity under paragraphs (a)(2) (ii) or (iii) qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days. For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level. An employee who is pregnant may be unable to report to work because of severe morning sickness.