I supervise a team of 6-8 people, which is already way more than I want! One of the managers on my team has a chronic health condition, and is frequently (1-2x/week) requesting to come in late, wfh, or takes PTO. Technically, she should take FMLA, but has not. What do I do? How much more accommodating should I be?

I’d refer her to HR. Advise FMLA helps protect her job in situations where she needs to take time off of work due to health issues and refer her to contact the HR rep who can assist and go over the process.

Hi- someone with a chronic health condition here, also a manager.

These situations are hard as a manager. I commend you for being reflective and asking how to do right by your employees. And the added stress of a difficult employee situation when you’re already stretched thin sucks.

In case it’s useful, here’s some informal perspective from being on both sides of this equation as both a manager and an employee with a chronic incurable health issue I wouldn’t wish on anyone.

#1 Ask the employee what they need to be successful in the job. People are capable of a lot when they have the right conditions. You don’t need them to and shouldn’t ask them to disclose medical details. but have conversations about what supports they need and provide them.

#2 what would it be like to be open to letting go of your expectations about how things should be? The gap between how you want it to be and reality is often a place of heartache. Another way to look at this, if they’re getting their job done—however it gets done—awesome. Trust me you’ll have one of the most loyal employees ever if you support them in being their best selves in spite of their reality and don’t make a health condition into a source of shame and feeling less than.

#3 Keep them accountable, of course. Shared agreement on goals, documented, can save a lot of headache. Also prevents the feeling from employee perspective that the goal post was randomly shifted.

#4 There absolutely can be situations where the person and the job aren’t going to be a fit. And there are unfortunately some folks who have learned that they can use the excuse of illness as a free pass. But most cases aren’t that. Should you find yourself in the icky land of disciplinary action, your documentation trail relative to those shared goals/expectations is key here.


#5 Recognize this isn’t ideal for the employee either. Don’t underestimate the level of shame that can come with being sick and trying to hold down a job. If this person has a new diagnosis they could also be experiencing a hell of a lot of fear or grief about the delta between how they wanted life to go and how it’s actually going. Stirring up an environment of extra stress—where the employee feels they have a target on their back—does no one any good. And for some health conditions (eg some autoimmune disorders, migraine, and others) situations of high stress can contribute to condition flaring, which begets more performance issues, etc..

#6 work with your HR business partners for guidance specific to your situation.

Best of luck.

Is a FLEX option available? I have worked with managers to flex hours on days.

Honestly it sounds like they are trying to accommodate to the business with coming in late and WFH? Are they not getting work done on time? Does it matter where and when the work is actually being done? And their PTO is theirs, all you really can do is accept or deny those requests. As for being their manager, I’m afraid that is the extent of what you can legally discuss with them. You need to set up clear expectations of their job responsibilities.

If you want them to take leave, that conversation needs to happen with HR, not you.

It's not enough that they outperform other members even with that condition, but you need more? Instead of nitpicking you surely could do something else with your time

I mean, is she getting her work done? Doing her job and performing well? I would give her the flexibility she needs and just ensure it doesn’t negatively affect the work.

They will keep taking advantage of you until you stop it. Have a conversation and tell them they need to use FMLA for their issues going forward.

If she has requested and intermittent leave, there is really nothing that you can do. That means if she has a chronic disease she can take off whenever she needs without disciplinary action

I feel so validated that this question has generated 53 replies, because we deal with these nuances and there’s never a one size fits all. If the employee is taking intermittent leave, loop in HR to begin the accommodations discussion. That also makes it consistent for how you’ll approach these requests in the future. What you don’t want is to give this person a pass but then later a lower performer (who happens to be a protected class) also needs intermittent leave, and you enforce her taking leave and at that point it appears discriminatory.

Why you simply don't do 4 days per week WFH for her?
And for the rest of the team?

I am starting in a new company where only 1 day per week is "obligatory" to come to office. But even this day is "flexible" and Noone cares, as they told me.
Because they hire you not to for being in the office but delivering the job.

You're the supervisor for your team. YOU set the tone for your team. Your team members are watching you and your attitude. If you're making negative comments about this team member with health issues, then that negative attitude is going to spread through your team like a wildfire. If this ill team member out performs the other team members, then what's the issue? If other team members start to grumble about this ill team members absence, you have the choice to nip it in the bud or join in on the grumbling.
Just know that people are watching your lead. So be careful.

I agree with others. We can be sensitive to her health but we also have to prioritize our teams. I would talk with her and just let her know that you want to protect her and recommend she take intermittent FMLA so that her call ins and late arrival do not start impacting her performance and attendance.

I would check with HR on acceptable accommodations processes and practices. I’m not doubting the accommodation request. The goal here is to make sure it is documented correctly with the company. [This is why a good number of companies require accommodation guidelines from a doctor. ]

If in building attendance is part of the job performance, and only one person is getting 1-2 days off a week through PTO or WFH,
1) that is going to have an impact on team morale. (With or without knowing about the health conditions).
2) that is grounds for a PEP.

Without it documented officially with the company, you could be opening yourself or the company up to a lawsuit. And this manager could be laid off because of attendance.

Talk with your HRBP asap and get everything documented. You can't fire someone for being sick but if this illness is affecting their ability to work or their work quality then you have to be able to show it. I had a similar issue and while I felt really bad for them I still needed a lot of work to be done that wasn't getting done. Ultimately they chose to take a loa, I got a contractor, and the work got done.

I specialize in payroll and HR.... I think it's important you have this employee go on FMLA because you're setting the precedence for how other employees are to behave in the office. If something comes along later and you do something different for someone than you've done for this employee, you could be liable for favoritism. it's best to have her formally go through the FMLA process. This is what it's for.

I would suggest exactly what you said technically FMLA or even STD is more beneficial to them. Just explain the benefits of going that route instead to them: not using PTO, absences not affecting their reputation and performance review , etc. hopefully they come to the conclusion on their own. But if not at least they are aware of the negative impact it has on themselves and the department

Modify their schedule for 2 days a week. Are the tasks being completed timely and properly? If yes, modify their schedule if no modify their schedule and emphasize the need for them to be productive... a business is a business but we are humans first.

Does the company policy allow for her going down to a partial work model for temporary disability while receiving 70-75 percent of her salary? It maybe a win-win until she can coma back at full capacity.

Be flexible.

This is such a difficult position and one I’ve been in. Following for input and advice. Thank you for asking the hard questions.

I have something similar. My employee has bipolar and she still hasn’t submitted fmla papers for days she has episodes. She only has two sick days left to last her till January 2024, I know she isn’t going to make it, once her sick time is gone I have to let her go.

I provided resources, got her in touch with HR twice and she printed the Paperwork and kept calling in sick.

Have you discussed this with HR? That would be my first step.