An unusual FMLA request
Darlene
19 Posts
Suppose an employee "knows" that there is something wrong. The family doctor says (or so SHE says) that her sugar is out of control, blood pressure is up, etc, and she wants to take FMLA to go to another part of the state, find a doctor there to run medical tests on her to determine the problem. She says there are other things wrong, but these other things are none of anyone's business. She also plans to take another job while she is downstate for the 12 weeks being tested. We have doctors and specialists in this part of the state, but she says she doesn't like doctors here, and only trusts those downstate. According to her, the doctor she sees here would give her a note to justify this action. Is it just me, or does this sound suspicious?
Comments
I agree with you. It sounds suspicious. Look at FMLA regarding terminating someone who takes another job while on FMLA. Perhaps if you told the employee she cannot take another job to support herself while on FMLA leave, she may not want to go to another part of the state.
Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]
The issue under FMLA is whether or not the employee has a serious health condition that prevents her from working in her job, which technically is descirbed by FMLA as "a period of incapacity requiring absence of more than three calendar days from work...or daily activities...that also involves continuing treatment by (or under the supervision of ) a health care provider>"
If her current doctor privides a certificaiton that she is unable to work or unalbe to perform daily activities for several days, for example because of the serious health condition and that he is treating her for it, then that would be sufficient. The fact that she may go "up north" to look for a specialist is to some degree irrelevant. However, under FMLA, you have the "right" to get a second doctor's opinion before you approve FMLA, if you believe that there is soemthing to be medically questioned in the first opinion. And there may be based upon what you describe; but, that doesn't mean that the employee therefore doesn't fall under FMLA.
Regarding the issue of the employee taking another job. You certainly would have a right to question the doctor about the employee's apparent inability to perform her job duties with YOUR company while working at antoher job. But in view of a quite recent appellate court ruling, the name and circuit of which I forget, on this very issue, I would suggest making a careful analysis and of the situation and the doctor's opinion before concluding that she is manipulaitn gthe leave. The court's holding, which may or may not be appicable to your company, was that an employee who went on medical FMLA could take another job without loss of the right ot be on FMLA leave from the first job, and in this case, the two jobs were similar. In the case, the court looked at the medical opinion that considered the work environment of the first job as affecting her ability along with her medical condition to perform those particular duties. So make sure of exactly what the doctor is saying or get a second, or third, medical opinion if you are in reasonable doubt.