FMLA & Doctor's Notes

srwmba

When an employee uses intermittent FMLA can the employer REQUIRE them to bring a physician's note either to allow them to return to work OR to allow them to count the missed work time as FMLA. I was always under the impression that the employer could ASK for a physician's not but couldn't REQUIRE one. I have been unsuccessful in finding documentation to support this.

PAhr

According to what I have been told you may not ask for a doctor's excuse every time. If a doctor certifies that the employee needs intermittent leave you may ask if they have scheduled appointments and if so when (to help you cover the missed time) but if it is for illnesses that are sporadic such as migrains, gout, pregnancy related conditions, etc... you will need to make sure that the employee makes you (or supervisor) aware of every absence and if it is due to the FMLA condition but an excuse for every absence is not needed. And if you push the issue with the wrong person by insisting on a doctor's excuse every time they may turn around and say you are harrassing them. Try this for an example, a pregnant woman is diagnosed with severe morning sickness (covered under FMLA) and has the doctor fill out the FMLA paperwork stating that she has this condition and that she may occasionally be too ill to work. She misses a day and you want her to make an appointment to see a doctor for a condition he already knows she has and can do nothing about? The reason why the papers are filled out that way is so the doctor won't have to keep writing excuses.

Now you can, however, ask that the employee be recertified every thirty days so that you are aware that the employee is still suffering from this condition. But there is a catch. Once the employee is certified think of it as a month long excuse. You cannot ask them to recertify just because the month is up. You must wait until the employee misses another day. So we will say the employee certified on January 1st and misses a few days that month. Now in February the employee doesn't miss a day until the 20th of that month. That is when you ask them to recertify. The employee has 15 days to recertify and the recertification date goes by the date the doctor signed the paperwork. So if the employee returns the paperwork dated March 4th then that certification lasts until April 4th (not the 20th of March). I hope this helps.