FMLA: Doctor Refuses to see Child with Chicken Pox

195614

We have an employee already on warning for poor attendance, who is currently
out with a child who she says has chicken pox. She claims to have called
her doctor, who said she had already received the chicken pox immunization and there was nothing he could do, and don't bring her in to his office if
she's contagious. On the fourth day of absence, the mother took child to the doctor and received a statement for the day care center certifying she was no longer contagious and could return to day care. The mother is asking for FML. But, since the child did not see the doctor until the end of the illness, it seems that the child would not have been "under the care" of a physician and threfore the mom is not entitled to FMLA -- correct?

Down_the_Middle

I think you're "splitting hairs" over the timing of when the physicians care began. I believe the conversation with the MD initiated the "care" and just becuz the MD said "don't bring the child here, there's really nothing I can do " doesn't mean that you should ignore it. Had the MD said "take the child to the ER" would you also have discounted the phone call??? Had the MD ordered an Rx would care have begun??? My sensitivity to this is probably influenced by the fact that I work in a medical center and observe the relationship of telephone conversations and hallway discussions between MD's and patients. Many MD's are charging office visits for this type of interaction, so to view this as you're considering--------seems strange to me.

Terry

I, on the other hand, would have to question to whether the employee is lying or the education of the doctor. Chicken pox is considered contagious 24 - 48 hours prior to the outbreak. Why would the doctor tell her not to bring the child in? It very well could have been another illness and, contagious or not, an ill child deserves to be seen. One of the reasons the vaccine is good is because a small percentage of children suffer severe and possible fatal symptoms from the Chicken Pox. If the vaccine had been administered too young that could explain why the child still contracted the virus. If anything else, I would suggest the employee consider finding another doctor and change from one who potentially could have put her child at risk.