Would this be covered?

LindaS

I have an employee (long-term) who presented me with a work restriction sheet several weeks ago. The diagnosis was Degenerative Disk Disease/Degenerative Joint Disease. Among other things, the form specified she could work normal hours "as tolerated" which to me meant there may be times she would be unable to work a full shift so I provided her with FMLA paperwork.

I received the forms back yesterday and her physician indicated that this is a chronic condition but wrote "none" for the question pertaining to periods of incapacity. In addition she indicated that, other than office visits twice a year, that there isn't any type of continuing treatment.

I want to make sure I make the correct decision regarding whether or not to approve any type of FMLA leave for this person, especially if I deny it. I don't want to get into the situation of approving EVERY request but am a little stumped based on the information I have.

Any suggestions would be greatly appreciated.

psrcello

Here's how I'd analyze this one (actually, we've had quite a number of similar situations). First, it fits the definition of "chronic condition" in that it requires periodic (twice a year) office visits for "treatment" (whatever the doctor does at the office visit), continues over an extended period of time, and may cause episodic incapacity (even though it hasn't yet).

Second, the regs state that in cases of chronic conditions or pregnancy, incapacity for the condition would qualify even if the absence doesn't last more than three days or the person doesn't see a health care provider.

Unfortunately, using this logic, darn near anything qualifies. I still haven't found any magic cure for the problem of intermittent FMLA giving an employee carte blanche to miss work and not accrue any attendance penalties.

LindaS

So even though the physician has indicated there shouldn't be ANY periods of incapacity, I should go ahead and approve the leave request simply because she has these conditions?

Don D

My lay-knowledge of both of those conditions is that the symptoms are things like knee joint pain and lower back pain. Same with arthritis. I would tend to lean toward not pushing this into the FMLA column. Otherwise, as another poster said, there is no way to put a lid on intermittent leave.