FMLA Medical Certification

schooldistrict

A teacher (speech pathologist) came to work this morning with a statement from a Certified Nurse Practioner that she needs to be out of work for the remainder of the year due to medical reasons. She is suffering from depression.

An Employer's Repsonse for FMLA Leave was given to her, stating that she requested leave from January 28 through May 24, 2002. She was told that she needs to furnish medical certification by February 11 and recertification every 30 days while on FMLA leave.

After giving this additional thought, we are questioning whether we can now give her a letter, stating that we're not automatically going to give her FMLA leave through the end of the school year, but instead, reevaluate her status each time she submits medical certification.

In other words, she needs to submit medical certification on February 11 (15 days from the date of notice) and again on March 11, Aprill 11 and May 11.

Do we have to wait until the 12 weeks of FMLA leave have passed to evaluate her need to be absent? Can you question the need for leave if you have a doctor's statement. I realize that you can ask for 2nd and 3rd opionions, as well.

Any ideas/suggestions you can give will be greatly appreciated. Thank you.

Gar

If this is a bona fide FMLA qualifying event, if she is eligible for leave (employed 12 months at time of leave, etc.) and you have medical certification, I see no reason to deny her the leave. However, the FMLA does allow employers to periodically ascertain an employee's intention to return to work. But, be very, very, very careful because you do not want to appear to be harassing the employee because she took the leave.

Theresa Gegen TX

I believe the whole purpose of the recertification every 30 days is to ensure that she still needs the leave. Otherwise why are you having do the recertification. Each 30 days, you can review the paperwork to see that the leave is still needed. That seems implicit in the fact that you are having the employee recertify every 30 days. But if you think you need to be explicit with the employee, you can certainly tell him or her that when you receive the recertification paperwork you will evaluate the need for continued leave.

Good Luck!