The Officer With Six Sick Calls and a Pending FMLA Form
Officer Garcia has been late for roll call three times in the past month, called in sick six times in 90 days, and received a citizen complaint that he was rude during a parking enforcement contact. Garcia says he is dealing with childcare problems and has FMLA paperwork pending with human resources. His patrol sergeant, Sergeant Bell, has not documented the lateness or the sick leave but did mention the complaint to the watch commander. Garcia's annual evaluation is due in three weeks. The division captain wants Bell to 'get ahead of the problem' before it becomes a formal complaint. Bell has one hour of administrative time before the next watch and must decide what to do first.
1. What should Bell do in the first meeting with Garcia, and what should she avoid?
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Bell should: (1) meet privately and promptly; (2) state the purpose - support and expectations, not discipline; (3) ask open questions about barriers; (4) not ask for a diagnosis or details of a medical condition; (5) explain the FMLA and HR process and refer Garcia to HR; (6) offer EAP; (7) clarify attendance and punctuality expectations and consequences; (8) inform Garcia of union representation rights if the interview becomes investigatory; (9) set a follow-up date. Avoid making promises about FMLA approval, discussing the complaint in detail without notice, documenting medical information, or treating absences as misconduct before HR review. Also avoid delaying because of the evaluation. If the citizen complaint is formal, route it to internal affairs per policy; Bell can address courtesy separately. The meeting should be documented as a supervisory contact, not an interrogation. Bell should separate the three issues - attendance, punctuality, and the complaint - and not let one contaminate the others.
2. How should Bell document the attendance and lateness issues while respecting Garcia's rights?
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Document dates and times of tardiness, sick calls, whether leave was approved, policy references, expectations, and Garcia's response. Keep medical documentation out of the supervisory file and send it to HR. Use neutral language: 'late for roll call' rather than 'lazy.' If attendance becomes formal, follow progressive discipline and POBR; provide notice and representation. Do not combine the complaint investigation with attendance in one meeting. Keep a chronology. If Garcia's FMLA is pending, consult HR before issuing discipline for protected leave; attendance issues may still be addressed if unrelated. Bell should also check whether Garcia's lateness affected briefing or deployment and whether other officers covered for him. The documentation should be factual and dated, not conclusory. Bell should give Garcia a copy of expectations and note any requested accommodation. If Garcia says the absences are due to a serious health condition, Bell should route the request to HR and avoid further questioning.
3. What should Bell include in the evaluation and what should be deferred?
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The evaluation should include documented performance issues within Bell's observations - punctuality, report timeliness, customer service - and note the pending complaint as 'under review' only if policy allows. Do not include medical information or speculation. Defer attendance discipline until HR determines FMLA status. Set SMART goals: on-time roll call, courtesy, and use of EAP. If the complaint is sustained, amend the evaluation after. Include Garcia's input and signature; note disagreement. Avoid rating down for protected leave. Coordinate with the watch commander. The evaluation should distinguish between conduct Bell has verified and allegations still under investigation. If Garcia's attendance is protected, Bell should not mention it as a deficiency. If it is not protected, Bell should cite specific dates and the policy. The evaluation should also recognize any improved performance and offer support. Bell should not use the evaluation as a substitute for a performance improvement plan; if needed, create a separate documented plan with timelines.