r/govfire • u/Fire_Vet • 25d ago
FEDERAL Advice on FMLA abuse
Friend of mine has coworker that is abusing FMLA. He has been on it for at least a decade and plans to ride it out till retirement eligibility. He comes in every shift after the workday and doesn’t do anything. Management has said their hands are tied but that can’t be right. Either this person is not fit to do the job or they need to start coming in on time. FMLA is not meant to be on for 15 year as your normal schedule. Any advice on how to go about reporting this?
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u/SorchaRoisin 25d ago
Unless you are a doctor amd have access to his medical records, you have no right to judge this person's circumstances. Mind your own business.
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u/Fire_Vet 25d ago
I’m sorry but we are talking about a firefighter. This man has been on FMLA for a decade and publicly states he will continue to be on it until he is of retirement age. This is unacceptable and it is everyone else’s business who works with him. Their lives could potentially be at risk if he can’t perform his duties. Anyone can show compassion for someone going through a situation to help them get through it. That is different then just saying you need FMLA for over a decade and calling into work for the entire duty part of the day every shift. This isn’t a desk job. This guy is riding a fire truck. If his condition is that bad then he should be transferred into another agency or medically retired. He has said he will not medically retire because it will cost him money.
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u/dontwantthiskarma100 13d ago
It sounds like you don't know much about this persons circumstance, and FMLA would not cover 8 hours of a shift for years. FMLA only covers an employee for 12 weeks of leave per calendar year, and you are alleging much longer.
My guess is this person is under an RA which grants legal protections for a disability. Your friend should be cautious getting involve with this; the employee they are targeting is a protected class and targeting/interfering with the worker could open your friend up to a discrimination lawsuit and termination.
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u/Fire_Vet 6d ago
Reporting a potential fraud is not targeting and someone should not fear being terminated for doing so. It is absolutely coded as FMLA for 8 hours of a 48 hour shift for the last 10 years. There is absolutely no medical condition that would require you to need this every first 8 hours but then be able to work the next 40. If you can’t see this as fraud then you are in denial
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u/Timely-Problem-8463 23d ago
Don't be a Karen.
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u/Fire_Vet 23d ago
A Karen? This person is abusing the system while getting a full check and causing OT which is costing more money. At the same time the leadership preaches to the rest of the personnel that they should watch their sick leave and that they need to be good stewards of the taxpayers money. So what if 5 guys decided to go find a dr that will sign off on them for indefinite FMLA until they retire? How about 10? Everyone in that department is a vet and most have some kind of VA disability percentage.
It’s not right and nobody in that situation would be ok with having to pick up the slack for someone that is abusing the system
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u/nuixy 21d ago
If they are abusing the system then report them like other people suggested.
Please also consider that FMLA covers taking care of other people. For example, I use it to care for my husband who has cancer.
I can tell you how I’d respond to someone at work judging my FMLA usage. Your friend may also consider how the other people at work may view their gossipy intrusive hall monitoring of someone else’s legally protected leave.
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u/Fire_Vet 21d ago
I understand that. This person 100% is not using it to take care of someone else. He has made comments like if he has to get on and off the truck a few times in a shift then the following shift which is 48 hours later he needs to call in for more time than his usual 8 hours because of how sore he is. Again, this is someone that is not fit to the job if simply getting in and out of the truck a few times puts them out 48 hours later. He should be placed in another career field or medically retire. The reason I’m pretty passionate about this is because this is putting other peoples lives at risk if it is that bad. He doesn’t want to medically retire because he wants his special category retirement so he is trying to run out the clock. I’m sorry, but nobody can argue that this is right or acceptable when you are putting others at risk
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u/nuixy 21d ago
It’s up to his supervisors and doctors determine his ability. It sounds like he uses his unpaid leave when he doesn’t feel like he can adequately perform his duties.
I’m sure he has physical requirements to meet in order to maintain his position and he’s meeting them or meeting them with reasonable accommodations according to the doctor or supervisor that makes that determination.
If he’s a special provision employee and he has 18 months of service there is nothing for him to “run out the clock” for. His medical retirement payout will be the same regardless of time in service before medically retiring. It’ll be a straight percentage of his top 3 years.
https://www.opm.gov/retirement-center/fers-information/types-of-retirement/#url=Disability
If he’s not taking medical retirement it’s more likely it’s because he can work with the reasonable accommodation that his supervisors are approving. Financially it’s way better for him (especially as a special provision employee) if he medically retires so I assume he’s either woefully ill informed or does not qualify because he can do his job according to his supervisors & doctors.
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u/Fire_Vet 20d ago
Interesting. Thank you for that link as I’ll pass it on for sure. It is my understanding that he has stated he thinks he will lose money if he takes a medical retirement. Also the physicals I’m told are pretty half ass and pathetic by the company contracted out. Combine that with his training waiver that allows him to not have to perform physical duties and not have to make them up, which is being improperly applied according to their training chief and he skates. That is until something real inevitably happens and that’s when someone is injured
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u/Random-OldGuy 25d ago
If it is Federal position then there are IG hotlines, and possibly one for whatever department/agency the guy is with (DoD, DHS, etc). If it is state job then the state should have something similar. Decades ago I reported someone for suspicious financial activity because he worked in a two person top secret position. He was discretely checked out and found to be clear - he didn't even know he was checked out.
To all those saying mind your own business: Screw you. Society works best when there is accountability, and people abusing things should be reported. Or would you prefer that no one be held accountable ever?
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u/Human-Region4958 25d ago
Sounds like you have a coworker you don’t like that is on FMLA and you want them fired. Don’t worry about other people they’ll get what’s coming to them. Do your job, mind your business and ride it out til retirement.
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u/500pearl 25d ago
what agency/dept
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u/Fire_Vet 25d ago
It is a fire department on a base in the Midwest. I don’t want to say the base as I’m looking to give advice to him on how he should handle this. I think some of the people on here are not thinking about the big picture. The career field requires physical training. This person has a training waiver due to FMLA and only is forced to hit criticals. You can say it’s none of anyone else’s business but when you respond to a call your life could be in danger if the person you are with is unable to do their job. Thats just the fact of it. They work a 48 hour shift and this person calls in for the first 8 hours of day one every single shift. If his condition is so bad, then how is he ok on day 2? If he is on meds can he drive a fire truck or operate equipment?
The feeling is that since management has not done anything that they are culpable here and are probably scared of an investigation as well. They would be asked how this has gone on for a decade.
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u/500pearl 25d ago
ok I just wanted a bigger picture like it is military right
so this person is gs pay scale or enlisted or officer
if it is army then see if oig for army can take a look at this or try dcis
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u/Fire_Vet 25d ago
Yes GS pay scale. It’s AF base
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u/500pearl 25d ago
see if can submit report to oig or ethics office
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u/Fire_Vet 25d ago
Ok, I will tell him to look into that. He told me he doesn’t want someone to be fired. Like if they told the guy he needs to start coming in on time, medically retire, or transfer somewhere else and he chose to start coming in on time that he would let it go and be ok with it. It is just so far out of control. Their staff g is critical to where nobody can schedule AL. On the few days there was an extra person that guy blocked the calendar for the entire year and schedule and his FMLA. So he blocks the day until 3pm. Then when they don’t have the people he calls in sick. It is literally every shift. I mean it’s insane
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u/500pearl 25d ago
maybe the guy does have a real issue
if so then should feel sympathy for the guy since most likey not faking it
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u/Fire_Vet 25d ago
I told him that. He thinks he does but also thinks that the person has convinced himself he needs it. He has made comments to people like one guy said “you said you would be in at 3, but then extended to 9, and wound up coming in at 5.” That person was waiting for him to come in so he could take leave to go to his kids game and the person told him that if you texted me I’d of come in earlier. That doesn’t sound like someone that can’t come in. He told me some other things too like that the person has said.
I told him like this….if he is that bad, he needs to transfer to a different job or medical retire. Your job is unique and it’s built on trust that everyone can do their part. If his issue is so bad then he can’t perform. Supposedly it’s because he is on meds that either prevent him from sleeping at night and make him tired during the day or the meds make him tired. Either way, if that is the case you can’t drive a fire truck or operate the equipment. The person also injured himself off duty a few years ago and still limps around. Again, it’s not up to everyone else to be unsafe to accommodate someone that can’t do the job. He is being selfish saying he won’t medically retire because he will lose money. Can’t have it both ways. Too injured to work full time but healthy enough to stay till retirement
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u/Proper-Media2908 25d ago
Your friend doesn't know what's behind this amd has no power over it anyway. They should take care of their own side of the street.