FMLA Fraud, Should I terminate?

problemchild

Employee goes to Dr., Dr. fills out their portion of the paperwork, except for the symptoms, which the employee fills in. Our FMLA form states the Dr. should complete the section (including the symptoms portion), should we terminate the employee, since the employee filled out theirown symptoms? My boss says yes, I have doubts...please sound off.

System

>Employee goes to Dr., Dr. fills out their portion of the paperwork,
>except for the symptoms, which the employee fills in. Our FMLA form
>states the Dr. should complete the section (including the symptoms
>portion), should we terminate the employee, since the employee filled
>out theirown symptoms? My boss says yes, I have doubts...please sound
>off.


The employer, you in this case, has absolutely no business learning what the 'symptoms' are or were. You need a legally compliant set of forms. The one you have requests information which you have no business under the law having. Your 'boss' has no working knowledge of FMLA or its complexities. First, the form you use is requesting information you have no right to under the FMLA regs; secondly, should the ee fill out a portion of a form in error, that is certainly no reason to jump straddle of his neck. An employer has no right to know the specific medical reasons for absence or the medical diagnosis or prognosis. All the medical officer need furnish you is the legally compliant certification form indicating the existence of a medical condition and the employee/patient's inability to work or the need to be absent intermittently. Trash your form immediately, get DOL recommended forms and tell your boss to back off. These are my Monday night thoughts. Not meaning to sound harsh, but your comments about your form and your boss sent me ballistic. x:-) a forced smile.

LindaS

While I agree with Don that the form you use should not require either a specific diagnosis nor symptoms, the form CAN require the medical facts surrounding the condition (there is a difference). In addition, if the physician's information qualified the health condition under FMLA, the information the employee added shouldn't have any effect on whether or not to approve the request. If the employee CHANGED information, that would be a different story.

The employee MAY have been adding the information the physician purposely withheld because they (the EE) felt that in absence of the additional information you would deny the request.

I would take Don's advice and download the DOL forms and begin using them. As far as your boss wanting to terminate, I would strongly advise against that because the information you are requiring is not something that you should have in the first place.