Requiring Certification of Medical Condition

System

I need an answer ASAP, please! I say we should require certification of the employee's/family member's medical condition and a release to duty statement. Management says we should require this on a case-by-case basis when there is a "questionable" request. Are we not required to be consistent with this request? Help!

POPEYE

Yes you do need to be consistent. You should have certification that it is necessary for your EE to attend to, give comfort, provide transportation ...... for the qualifying family member. I might question a return to work authorization if you have an estimated time frame for which the EE needs to be away.

System

Ha! I knew it! Thanks very much! Anyone else want to chime in so I have some ammo in this meeting? I have the combined curse and luxury of working for a very kind man who owns and runs the company - while he is compassionate and wants everyone to be content, he always makes so many exceptions to rules and policies that he often makes them obselete!

Balloonman

If you do not consistently manage the way you handle FMLA, you will eventually put yourself in a situation where one can say you are discriminating. Then instead of being able to defend this charge by showing you have consistently administered FMLA, your lack of consistency will almost automatically result in the apprearance of, or the finding that you are or have discriminated. You need to handle it the same way for everyone.
My $0.02 worth.
DJ The Balloonman

sonny

Ditto the others. Not being consistent will get you in hot water. . just a matter of time.

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 03-11-04 AT 01:31PM (CST)[/font][br][br]I don't disagree with the others. It is best to have a consistnet practice in requiring doctor's statements. But remember, you don't need a consistent practice accross the board; you could make it for particular types of situations.

If your management still wants to pursue having a case by case approach, I suggest the following:

1) Develop guidelines or criteria, consistent with FMLA regulations, that establish when the decision-maker will require a doctor's certification or when he/she won't.

2) If possible centralize the decision-making to one person who can then, by practice, develop the consistency that needs to be maintained to ensure fairness and control on the propriety of leaves (prevention fo misuse).

KP68

My input on this is that it would result a lot fewer 'judgement calls' if you were consistent in requesting it for all employees.
That's how we do it and since we have, it has been much less time consuming (not to mention easier to defend to employees who question it).

stilldazed

I don't know that the FMLA actually spells out that you have to administer consistently, but legal judgments definitely lead us all to believe that the more consistent we can be, the more effective we are for the companies who employ us. Consistency is a very good proactive step, doesn't cost a lot, and proven consistency can be a good defense. I agree with Hatchetman in that if your company (or boss) insists on keeping some latitute for case-by-case assessment, you should develop a written policy that spells out the criteria that will form the basis for decisions--what's acceptable, what's not. Also, centralize the process if doing so is possible. Centralization will, almost by default, limit decision making to a consistent set of criteria. Hopefully, you'll never be challenged, but try to keep your company's defenses in place and help minimize the blow in the event you are.

System

Thanks, everybody, for your input. Can anyone offer suggestions about establishing criteria for requiring medical certification? This is a great idea and one that I think will satisfy management's desire to take things case-by-case. I will not be a decision-maker in approving FMLA, but I have a sneaky feeling it'll be my fat in the fire if something goes wrong! I'd appreciate your advice - thanks again!

System

Hi, folks, me again. Do any of you have a set of guidelines you use as described above? We need flexibility but want to be fair and consistent and above all, stay out of trouble!