Would this count as FML

clarkbar

Here's the scenario: Employee was off work for two weeks at the end of May due to a back injury sustained at work. FML paperwork was given and returned by employee. The doctor did not indicate that employee would need any intermittent leave and MMI would be expected by end of July. The doctor also stated that employee could return to work with no expectation of further absence. Today after working for an hour the employee told their supervisor they were leaving because their back hurts. The employee is on modified duty at this time. My question is, would this be counted as intermittent time under FML? If it isn't the employee will get attendance points for leaving work. I'm not quite sure how to handle this because the doctor didn't indicate anything for intermittent leave but had they and the employee left work, the employee would not be issued attendance points. Thank you for any guidance you can give.

POPEYE

Although you did not specifically state, I am going to assume that this is a workers comp situation as well. Given the fact that the EE is on "modified duty" would infer to me that there would be on-going treatment and possible follow-up visits to obtain a full release. If this is the case then the EE would still be elibible for FMLA entitlement for leaving work. This could possibly be one of those times when you may ask for additional certification depending on what your policy states.

LindaS

Based on the information you already have from the physician, I would not automatically grant him intermittent FMLA leave. Explain to the employee that they will need to obtain additional certification regarding his need for intermittent leave. Since it is a work related injury, contact the insurance company since any time he misses work due to the injury may be compensable under the claim.