Paperwork? Sorry Charlie!

Don D

We are running into more and more FMLA situations where doctors and clinic staff either balk at or altogether refuse to complete the required FMLA certification. A few are charging $5-$15. A plant ee who wears steel toes and needs ingrown toenail surgery cannot get certification; The doctor told me personally, "For toe surgery? No way in hell I'm filling out that stuff!" What are you guys doing to counter this? Is it prevelant or getting that way? Congress imposed so much on employers with FMLA...wonder if they forgot to spread the pain to the medical community?

Down_the_Middle

As a health care employer, we've been successful talking to our MD's and explaining that they're hurting themselves by charging employees for the medical cert's. Fortunately, most of them have concurred and have d/c'd the practice. For those that continue to do this, the word spreads and more and more employees are choosing physicians who do not resort to petty charges for completion of the FMLA forms. I agree it is a problem, but I think it's best handled by the consumer who has the rapport with the medical provider. I see this as similar to MD's who previously were charging employees for an office visit when confronted for an Rx in the hospital----------the problem went away after staff applied pressure to their physicians. This is simply a pursuit of revenue from alternate sources and will likely temper when the patient objects long and loud enough.

Peyton Irby MS

the problem usually occurs with "minor" illnesses and injuries. the doctors do not want to be bothered on what to them is a minor issue. the fmla does not require you to get a doctor's statement although the dept. of labor form notice says it is necessary. [the dol form notice is "preferred" but not mandatory] fmla eligibility is a "serious" medical condition defined as requiring attention of a physician and more than three days of missing work. you might require the employee to bring a return to work certification which can serve as the fmla papaerwork for short duration absences. while you are supposed to notify the employee that the leave is fmla as soon as you know of eligibility, you will be in compliance when you the get the return to work certificate. you can also give the fmla notice without advance medical certification and confirm the employee was eligible when he returns with the dr.'s note.

Carol CA

With all the privacy concerns in California, we don't ask for details. If we get a doctor's note stating the employee needs to be off work, that is good enough for us. We would ask for the general reason, but don't need the nitty-gritty. We haven't had a problem with that. By not getting the full medical certification, I guess we could accidentally give someone FMLA who didn't really qualify. But as the leave is unpaid, I would prefer to err on the employee's side.