Excessive Discipline Protection Database

Sick Time Abuse - Let's Talk FMLA
Family Medical Leave Act

The most prevalent charge among all law enforcement agencies – including Federal, State, Municipal and College Campuses is ABSENTEEISM.

ABSENTEEISM is by far the #1 disciplinary charge brought against LEO’s.

Let’s face facts – the job of the LEO is probably the most stressful of all occupations requiring the most “mental health” days off. Even the best day at work creates the most undesirable atmosphere.

Whether you respond to a domestic, fatal, shooting, stabbing, or assault; or if nothing out of the ordinary happens – but wait - that is ordinary.  You still have to be mentally prepared for these events.  And let us remember the domestic problems that accompany these events.

What officer does not have problems with headaches? Diet? Sleep?

Instead of being worried about being written up or denied time off and BEFORE YOU TELL YOUR SUPERVISOR HOW YOU REALLY FEEL ABOUT HIM, you have rights under the Family Medical Leave Act that you need to explore.

The Family Medical Leave Act (FMLA) guarantees you:

• Employee Eligibility

  To be eligible for FMLA leave, an employee must work for a covered employer and:

• have worked for that employer for at least 12 months; and
• have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and,
• work at a location where at least 50 employees are employed at the location or within 75 miles of the location.

• Leave Entitlement
• A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave in a 12 month period for one or more of the following reasons:
• for the birth of a son or daughter, and to care for the newborn child;
• for the placement with the employee of a child for adoption or foster care, and to care for the newly placed child;
• to care for an immediate family member (spouse, child, or parent — but not a parent "in-law") with a serious health condition; and
• when the employee is unable to work because of a serious health condition.

You are entitled to use this time intermittently, as needed, throughout the year.  That means if you need to take off a day or two, here or there, because your illness flares up, you can.

It is your employer’s responsibility to offer you this time off.  You will need to present a doctor’s certification which will need to be filled out by your doctor.  These forms are available on the Department of Labor’s web site.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.