Archived Fellow TMs hours being cut because of attendance

[ForeverInMMB]

A coworker of mine has been having a flurry of medical issues, and she refuses to go on medical leave because she needs the money, but calls in about half the time now and leaves early whenever she can.

But now her hours have been cut to less than 20 hours and she's upset. She claims she's on FMLA but does that protect you from your hours being cut?

Funny thing is my TL was still giving her full hours because they're friends, but I'm pretty sure my ETL and STL cut them because they're sick of us getting behind because we can't utilize all of our hours.

 

[Kartman]

If she's not wise enough to go on medical leave, kick her to the curb.

 

[BoxCutter]

Why doesn't she ask to be scheduled for the hours she knows she will be able to show up for?

 

[ForeverInMMB]

Why doesn't she ask to be scheduled for the hours she knows she will be able to show up for?

Because we're an early morning team and I guess she doesn't get flare ups until later into the morning, and her doctors appointments are erratic.

It's messy tbh.

 

[RandomRedShirt]

Pretty sure the Americans with Disabilities Act prohibits Target from retaliating against anyone with a medical condition. Not like I know anything about this at all.

 

[Kompa]

Pretty sure the Americans with Disabilities Act prohibits Target from retaliating against anyone with a medical condition. Not like I know anything about this at all.

Yeah but you can't prove this is reason

 

[BoxCutter]

Because we're an early morning team and I guess she doesn't get flare ups until later into the morning, and her doctors appointments are erratic.

It's messy tbh.

So, how many hours is she averaging with leaving early and going to the doctors appointments? Can she adjust her availability to match that and use vacation/sick/personal time to average at least 30 hours per week?

All of the Executives (including the crappy ones) I have ever worked with in my 15+ years at Target have been very accommodating to TMs (including the crappy ones) who needed to adjust their schedules for health or family reasons.

However, your co-worker has to talk and work with them. If she has been scheduled for say, around 37 hours a week, and she winds up only working 25 hours those weeks, it really isn't right for anyone else in your store from the STL down to TMs and guests.

The store only has to make reasonable accommodations for her. It isn't reasonable to think that the store should continually schedule her for 37 (or whatever) hours only for her to be able to work considerably less than that.

The fact of the matter is, she might just not be able to work as many hours as she would like to at Target.

 

[SoCalMama]

A coworker of mine has been having a flurry of medical issues, and she refuses to go on medical leave because she needs the money, but calls in about half the time now and leaves early whenever she can.

But now her hours have been cut to less than 20 hours and she's upset. She claims she's on FMLA but does that protect you from your hours being cut?

Funny thing is my TL was still giving her full hours because they're friends, but I'm pretty sure my ETL and STL cut them because they're sick of us getting behind because we can't utilize all of our hours.

How can you be on FMLA and be working? L = Leave
I thought that you were either working or on FMLA, not both?

 

[ForeverInMMB]

How can you be on FMLA and be working? L = Leave
I thought that you were either working or on FMLA, not both?

I'm no expert on FMLA, but this is how I've seen it done. Basically you can miss work if you're sick, and get FMLA after the fact, and be excused from any attendance-related punishments, such as probation. I also know some people get FMLA, and can leave their work any time that medical issue comes up. I've never had FMLA before, but my roommate does.

Correct me if this is incorrect.

 

[HRZone]

She should just go on leave it really hurts the store when you can't depend on someone. Nothing wrong with her tending to her medical issues but you can't schedule someone 40 hours a week then they only show up for half. Not really fair to the team members who sap for their 30 hours and never callout

 

[Fluttervale]

ADA protects against a disability. While some illnesses can also be disabilities, some are not. Also the company only has to provide reasonable accommodation. Depending on the role and the HR professional enforcing the rules, ADA may not protect against repeated absences.

Now everyone pay attention.

FMLA provides up to 12 weeks off in each year (not calendar) for a serious medical condition of the associate or a close family member of whom the associate is a primary caregiver. IF you are eligible for FMLA (hours, employer size, etc.) that 12 weeks does not have to be taken consecutively. So, for example, you have MS. You don't need 12 weeks off. But sometimes it flares. FMLA will allow you to call off without penalty. You have cancer and are going through chemo. It will allow you to take off three consecutive days to get chemo. This is called intermittent FMLA. It is fantastic for employees helping a spouse or child through a medical condition. It's great if you have special needs kids.

The key is there is a reasonable balance. You still have to call off following your employers rules. They will give you a certain accommodation, like 3 days in a row once a month, or two total call offs, or for full time associates extra unpaid days off. Your doctor lists what they think you need and the employer decides what is reasonable.

Feel free to contact me about intermittent FMLA. It's one of my passions in life, and it will help you keep good people who are falling on hard times.

Also, the catch is you get a certain number of weeks total for you. So if you use 4weeks on MS, you might only be protected for 8 weeks if you get in a car crash.

Also, I'm on my tablet so not as eloquent as I normally am on this.

 

[SFSFun]

How can you be on FMLA and be working? L = Leave
I thought that you were either working or on FMLA, not both?

Intermittent Leave Under the FMLA – The Basics | Employment Matters - https://www.employmentmattersblog.com/2017/06/intermittent-leave-under-the-fmla-the-basics/

 

[Bosch]

I'm no expert on FMLA, but this is how I've seen it done. Basically you can miss work if you're sick, and get FMLA after the fact, and be excused from any attendance-related punishments, such as probation. I also know some people get FMLA, and can leave their work any time that medical issue comes up. I've never had FMLA before, but my roommate does.

Correct me if this is incorrect.

No need you got an idea but there are limits.

But the employee has to realize that there does come a point they should depending on the issue step back on the hours so that they can work a steady amount. It might be less but more consistent.

This is the reason is why I don't work 40, it kills me but 30ish all good. I also understand it can take a while to get stable and it can be a bumpy ride until you get there.

 

[Fluttervale]

She should just go on leave it really hurts the store when you can't depend on someone. Nothing wrong with her tending to her medical issues but you can't schedule someone 40 hours a week then they only show up for half. Not really fair.

That's why they need to get her on intermittent. They can then hold her accountable for any absence over what is reasonable. As it stands, if she retros fmla then all of it will probably get thrown out because the hr people won't want to fight it.

 

[SoCalMama]

Interesting. I had no idea that there was intermittent FMLA.

 

[Bosch]

Interesting. I had no idea that there was intermittent FMLA.

Yep I have known a few who used it that way during cancer treatment.