Intermittent Leave?

HRQ

Exempt, 9+ year employee
- great work record until the past year
- has taken a lot (15?) of partial days in the past year for doc's appointments
- was diagnosed with emphysema a few months ago
- went through a very difficult divorce this year and missed many partial days to deal with it (obviously not health related, but is a big part of her performance problems this year)
- last week missed four days due to pneumonia. (only three consecutive days)
- followed policy when calling in sick, and brought a doc's note per policy.
- expects to continue needing partial days for evaluations, treatment, etc.

What does it take to qualify her for intermittent FMLA? Does she need to first miss more than three consecutive days?

Again, she has performance problems that coincide with her health issues. We can deal with the performance issues, but I need advice on FMLA. Would ADA apply because of the emphysema? (She has a desk job)

My head is starting to spin. :-S

cthr

Emphesyma would be classified as a serious health condition as it is a progressive disease that will severly limit a major life function-breathing. I would give the employee the FMLA paperwork and have her doctor fill it out.

HRQ

And that's OK even if she hasn't missed >3 consecutive days? Just want to make sure I understand correctly.

SMace

Chronic illness does not have to fulfill the absence plus treatment requirement. It can be one day. Emphysema would fall under chronic disease. Give FMLA papers and let the provider decide.

marc

Agree that this illness qualifies for FML.

The doctor will make the call with respect to how the time off needs to be structured. You don't make the diagnosis, nor does the EE. Rely on the medical certification paperwork to guide you. You can ask for specifics as to the expected amount of time off needed and the estimated duration. If necessary, the company can pay for a second opinion. Also, you can get a recertification on a monthly basis or if the condition changes dramatically either way.

From an ADA perspective, has she indicated there are parts of her desk job she cannot do? Again, medical advice is one step of the interactive process. If the EE has asked for accomodation, forward the job description to the doctor and ask for specific instructions as to the parts of the job description that cannot be handled. Then get with the EE and begin discussing accomodation. You do not have to make unreasonable accomodation and you do not have to create a brand new job for the EE.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 03-30-04 AT 05:53PM (CST)[/font][br][br]Go back to your post and line through the totally irrelevant parts and your head will begin to clear. It matters not, in this instance, that she has had a divorce, difficult or not, and that should be treated as an attendance issue, pure and simple. Nor does it matter that she claims three days due to pneumonia because, essentially, that is not believable. Pneumonia is not onset and cured in three days or less. She had bronchitis if anything.

It's true that if she has the disease she claims and its supported by a medical certification you may have intermittent FMLA facing you. ADA, who knows?, possibly. Treat Mrs. Me-Offs attendance explanation issues carefully. Half of them may be real, the other half not. (I named her Me-off 'cause she wants off)






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