FMLA Denial Question
DeidreFR5
230 Posts
Last weekend at my bachlorette party, a FMLA question came (is wasn't a wild party). There were three HR people and none of us were sure of this senario. One mega company has an automated sick call/fmla system. Employees call in with their employee code and absence code. If they are out for 5 or more days, the system triggers fmla forms and the std carrier notified. The question is, is there a time period in which a denial has to be made? If a doctor says they need to be out, do you really have to give them fmla (we said send them for a second opinion)? The employee who started the question has embarassing episodes once or twice a month - not necessarily at work. But because it may happen at work, is too embarassed to go to work. Thanks for input.
Comments
(Edit) And there's a biiiig difference in being medically unable to work and being embarassed about appearing at work. I would never approve the latter.
There is no precise time limit for you to gather appropriate information for the decision. Some would say 'reasonable', but, without defining it.
And, for the doctor who 'seems to think embarassment is a reason not to work, don't forget; the doctor provides information. YOU make the decision as to whether or not to approve it.
And, where do you come by your sense of humor?
In the response portion to the request for FMLA leave, response 1. lays out that the employee is eligible or not eligible for FMLA leave. Response 2. tells the employee the requested leave will or will not be counted against your annual FMLA leave entitlement. Response 3. tells the employee "you will or will not be required to furnish medical certification of a serious health condition. If required, you must furnish certification by___________(insert date) (must be at least 15 days after you are notified of this requirement)or we may delay the commencement of your of your leave until the certification is submitted."
The above tells me that you must give the employee up to 15 days after the application for medical leave has been requested! Additionally, my copy of the regulation, tells me that the company can get additional medical opinions at the companies expense.
Therefore, I would put everything in writing to the ee which either tells the employee the FMLA leave is denied or is granted pending clear certification that the illness is a serious medical condition and requiring prolonged treatment. If granted, I would put a pending statement in the letter which ties everything to the certification process. Start the FMLA clock ticking with the first day of absence and count all days absent until the issue is resolved as to the certification issue. If the absences were not appropriate under FLMA then the absent days must be treated according to your Absentism policy.
This way the company is protected from any claim of mistreatment under the FMLA laws. You have done everything possible to protect the right of the employee, but the employee just might have a medical condition which is beyond the companies' ability to sustain a continuing employer/employee relationship as a full time employee. You might then offer part-time employment for those days in a week that the company would have work to be performed. You just might have to call it quits due to a medical disqualification as declared by the attending physician!
We attempt to include everyone into the FMLA procedures, when it is possible. If it is not possible, then the company must also help the employee have personal time to do whatever he/she wants to do under these embarassing times each month! Once she/he has reached a state of medical control and can be available for a full time position, you could offer to consider her for re-hire.
One other point we have a two (2) week waiting period for our medical leave policy to kick in for compensation purposes, while considering the FMLA leave. This co-insides with the 15 maximum response days for the FMLA certification by the physician.
PORK