Migraines - Qualify for FMLA

lnelson

I just received certification from doctor for an ee with migraines. It states intermittent unpredictable, able to do normal job duties, no restrictions.
I realize this is considered a serious health condition under chronic condition. My question is if ee has not missed more than 3 consecutive days does it still qualify for FMLA.

I am looking over the info I just received to either approve or deny. Any thoughts?

If approved what should be the requirements for the intermittent leave as far as call ins, appts, etc. Also the absences have been occurring since late last year and I just received FMLA paperwork back can we retro the start of FMLA to cover those absences?

Also some IRREVELANT info how can ee complain of migraines and still play in a loud rock band???(Sorry just venting)

Please bring it on, any advice is appreciated and welcome.


Lisa

System

I believe it qualifies under the terms that the condition required return visits to a physician for the same illness. In that case, it would qualify as intermittent. I'm not sure about 'retroing' the leave.

The rock band thing? Well, I guess he didn't have a headache before the gig. We have a Secondary Employment policy. Under our policy, the employee would have to get permission to play in the band.

LindaS

If he is treating with a physician and is taking prescription medication, it would qualify as FMLA as a chronic condition.

As far as the call-ins, remind the employee that they are still subject to the same notification standards as all other employees. This is something I have added to my letter when I inform the employee that their FMLA has been approved. Regarding appointments, you have the right to require that they be scheduled outside of normal working hours unless it is an emergency situation. Make sure this is in the approval letter as well.

Regarding retroing the FMLA, I would hesitate to go back that far and qualify them. Too much time has passed. Unless the employee makes an issue out of the fact that you should have known that the previous absences qualify as FMLA and you failed to provide the paperwork in a timely manner.

lnelson

LindaS -

The paperwork was submitted timely the ee misplaced them then 2mths later requested them again and has fulfiled the date requirement set forth in my letter to him.
At the time of my knowledge of the illness he was given the first set of FMLA paperwork. That is why I am asking can it be retro to the first set of paperwork.

Lisa

POPEYE

If you specified in your written "rights and respsonsibilities" notification of a certain number of days the EE had in which to submit certification, then NO you do not have to retro.

However, there is nothing to keep you from it if as you posted you were aware of the medical condition. Just be cautious that if you retro for this EE, the next one that lollygags around and doesn't turn in their certification is going to expect it also.

Don D

I don't know much about searching this Forum for old discussions; but, can tell you we've rolled around this migraine thing several times. Save yourself the anquish and don't fight it. Intermittent FMLA does apply in cases of migraines, rock band or not. Your question is sorta like asking 'How can a guy with hemorrhoids bust broncos at weekend rodeos?' I guess it would depend on the sequence of events and proximity in time of the two variables. And while I doubt that a rodeo saddle would be comforting in the latter case, it might be that a rock band could ease a migraine. In any event, if the condition meets your standard for medical certification, you're pretty much roped in.

lnelson

Don D. -

Thanks for your reply and as I stated in my original post I was venting about the rock band thing, sorry.

Another questions I have is that this particular ee has a constant problem showing up to work on time he has been warned several times what his hours are for him to be here but does not adhere to it.

Reason for being late is not related to illness. Can we discipline him for this when it is not illness related? If we do can he then come back and say he was not feeling well and that is why he was late.

Scenario: EE is suppose to start at 8:30am he does not call in but shows up at 9:15am reason given he needed to take daughter to school or woke up late. I would think I could discipline him for this but once I have confront him about the tardiness he says he was not feeling well headache. What would you do then?

rad

Confront him every time. He can't just walk in late and assume you'll write it off to his condition. He has to be held accountable. If you question him every time he is late he's got to give you a reason to document which will prevent him from coming back at a later date and saying it was illness related.

I'm editorializing here but for him to wake up with a migraine and show up to work 45 minutes late shows remarkable capacity for recovery. I suppose everyone is different but my migarines make me want to spend hours, if not days, in a sensory depravation chamber. Thank god I don't get them that often!

rad

Migraines are not the kind of headache you get from loud noise. They can certianly be aggravated by loud noise, or a whisper for that matter, but I can't see how one would be brought on by such.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 04-01-04 AT 12:20PM (CST)[/font][br][br]Yes, discipline for the tardies, by all means, religiously, every time it happens. Intermittent FMLA NO condition grants carte blanche to come in late or drag in at will because "I wasn't feeling well". I think if you don't challenge that forcefully, this guy/gal will continue to push the envelope. I'm not inviting an onslaught from those who will say they too have migraines and yada yada yada. I'm saying it is perfectly right to discipline the tardies. Intermittent FMLA is not a free ticket. But it's pretty damned close.

Balloonman

Hold him accountable for his lates that are not illness related.
Don't even worry about it. If he says it was cause of the headache, point out the initial reason given. So are you forgetful or lying? Because you were quite clear on why you were late, taking daughter to school. Cut no slack.
My $0.02 worth!
DJ The Balloonman

psrcello

We always stick to the original reason that the employee gives for absence or tardiness. Two years ago, we had an employee who called in one day asking for an emergency vacation day (denied - we don't grant these). Then, she called in the next day, saying she had to take her daughter to a court hearing. Called in the next day - FMLA. The following Monday, she brought in a note from her doctor claiming she was incapacitated beginning with the first day she called in due to a chronic FMLA condition. We only counted the third call-in day as FMLA, and she got attendance points for the first two.

Believe it or not, this same employee just pulled the same stunt two weeks ago! Some people never learn.

The chronic condition intermittent leaves that drive me bonkers are the heavy smokers who take intermittent leave for chronic asthma. Sounds like a self-inflicted illness to me!