FML for depression - a blank check for time off?

Elizabeth

We have a FML situation. Last July we approved FML for an employee for depression. We had Medical Certification from her regular doctor. Even though this FML was never approved as intermittent, when she had a couple of follow-up occurrences, we marked them as FML in the attendance record because she had indicated that they were related to the depression (no official notification was sent to the ee on those follow up occasions).

In January, we were concerned because this employee is obviously using this 'blank check' to take off whenever she wants. On several occasions last year, she was out on days that surrounded her normal scheduled days off ("hey, I've got two days off, why not make it four.") This ee is a heavy attendnace abuser and we'd like to put a stop to it. We sent a Medical Certification to her current Psychiatrist - no response after way more than 15 days.

I want to write the ee a memo stating that she is not certificed for depression any longer. Of course she is eligible to re-certify if documentation is submitted for a future occurrence.

Any problems with that - anything I should include/avoid in the memo?

Gar

[font size="1" color="#FF0000"]LAST EDITED ON 02-22-02 AT 03:34PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 02-22-02 AT 03:26 PM (CST)[/font]

You probably didn't get a response from the employee's psychiatrist because the doctor knows you shouldn't communicate directly with them without the employee's permission.

Based on your post, I'm assuming the employee took leave for a particular period of time and returned to work. Then she began taking intermittent time off. If such is the case, and since the original certification doesn't authorize intermittent leave, that certification is no longer valid. Therefore, in your letter to the employee, I'd tell her she can no longer take intermittent time off due to the invalid certification and if she does so, it will be charged against her attendance record.

I would enclose a new certification form in the letter. I'd instruct her to get it back to you (fully executed by her doctor) within the 15 days and it must specify the need for intermittent leave. No form, no leave.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 02-25-02 AT 11:49AM (CST)[/font][p]No contact directly with the doctor! The thing to do is send the Ee a CERTIFIED letter making mandatory medical reports on a 30 day basis and enclosing a full job description plus the physical requirements of the job and advising the Ee to present them to her physician and restating that the Co. must have the physician's report within 45 days (that's stretching it). Enclose another set of FMLA forms advising that the earlier ones were for full time FML and if she is requesting intermittant, then the new set must be re-initiated and until then, no intermittant is approved. Without telling her, you will of course consider the jeopardy of not approving the intermittant during the 45 days you just gave her, and then if it does occur, you should grant the leave conditionally approved dependent on medical certification. I agree that she's jerking the company around with this newfound free ticket. You must now refuse to continue to punch the ticket forever.

System

I agree with Gar and Don D. The trick is getting the psychiatrist to give you useful information -- parameters that can help you decide whether absences really are required by her medical condition. If he/she is too vague, I think you can require the employee to get a written clarification. But it might be like trying to nail Jello to the wall.

James Sokolowski
Senior Editor
M. Lee Smith Publishers