FMLA - Doctor hasn't returned request for update

bhamilton

I have a situation in which I have a lady who is on periodic FMLA - she has been on a 30 hour work week (per her doctor) since April. My question is that I requested an update from her physician on September 5, 2003 and he has yet to respond to my request. From a company standpoint, what are our rights as it pertains to FMLA. Does the time since then still count as FMLA if the physician has not given us an update on her condition? Any help would be appreciated.

LindaS

Did the original certification provide Sept. 5 was the date that the restrictions were to end or are you doing a periodic update? Have you talked to the employee regarding WHY her physician hasn't completed the update? I would sit down with the employee and explain that the physician's failure to provide an updated certification may affect her FMLA status as it pertains to her work schedule. I would still count the time missed as FMLA unless you have reason to believe that the condition for which she was under restrictions has resolved itself. Put the responsibility on the employee to prod the doctor to update her certification.