hypertension

benefits

I have an employee who has been employed for at least 1 year. This employee has been diagnosed with hypertension. She request intermittent FMLA for her hypertension. The physician note indicates, "She is fully capable of work except when elevated episodes" regarding her limitations "no limitations except for hypertension with elevated blood pressure"

The employee has been calling in 2 days per month claiming FMLA. She usually is only out one day and then returns to work. Our policy states that when a person is approved for intermittent FMLA, they must provide a physicians update every six (6) months.

How can abuse be minimized in this situation?

Don D

I have hypertension and think something is amiss here. A person whose blood pressure cannot be controlled by medication to the point where they must miss two days of work per month seems problematic. Nor have I ever been told not to work if I did have a reading that was a bit high one day. So, what does she do?..check it herself and then call in sick. I think she's taking advantage of the situation. If this were my employee, I would have a conversation with one of the clinic doctors we use for pre-emp and comp and run the generic scenario past him. His advice and read on this would give me a signal one way or the other.

Theresa Gegen TX

You know I hate to give Don a hard time, BUT don't presume that just because one person with hypertension is perfectly capable of working, another person with hypertension isn't capable of working.

Before the employee provides the updated certification, you might want to have the employee take a list of the essential functions of her position to her doctor, so that he can determine which functions she can and cannot do when her blood pressure is elevated.

Of course, if you are very worried about fraud, you can always challange the certification under the rules and get a second and third (tie breaker) opinion. But I am guessing that most doctors will not want to disagree with her treating physician.

Good Luck!

Down_the_Middle

benefits:
Geeez....... I hate splitting the baby here, but do agree with Theresa on getting an updated certification if you still question the FMLA request. I think it is entirely reasonable to feel comfortable that this persons hypertension may medically prevent her from working on certain occasions. Don is correct also with questioning the employee's inability/incapacity to work. I see so many posts on this subject with far too many conclusions based on misinformation and incorrect interpretations of the Act. FMLA is for people who are medically unable to work (under the personal illness section) vs. granting FMLA to people based on a diagnosis. Many people are plagued with illnesses that do not constitute an incapacity to work and in this particular instance, an employer might be able to modify the work requirements for a day or so to accommodate the employee. Is it possible that these "call in sick days" are consistent with routine monthly projects, end of month activities, etc...? Can she report to work and be permitted to defer some tasks for a day or two???

Having said all of that, I'd be inclined to pursue the suggestion of letting the health provider see the essential functions of the job and then base your future decisions on the reasonableness of this. Addt'l opinions are always at your disposal. As HR professionals, we sometimes shoot ourselves in the foot by not managing the situation and permitting our organizations to being victimized by "creative FMLA consumers".