Chronic Low Back Pain

psrcello

Received a med cert for an employee who is trying to dodge a final attendance warning. While the doctor has checked the box for "incapacity plus treatment", the medical condition is described as "chronic low back pain".

Under the "incapacity plus treatment" criteria, the employee's absence wouldn't qualify, since it was only one day.

However, under the "chronic" definition, it probably does qualify, since incapacity under that definition doesn't need to meet the "more than three days" threshold.

Need for additional treatments is "uncertain", although the cert also lists a continuing regimen of treatment including "prescription drugs and low back exercises. Cert also states that the employee will be unable to perform any work on "days when back pain is incapacitating".

My question - just because the medical certification states that the condition is "chronic", must I approve the intermittent leave under that definition of serious health condition?

njjel

If the doctor has filled out the certification of health and checked that it is a serious health condition, you need to grant the leave. We in Hr need to pick our battles and that's one that I just don't waste my time with when the Dr. signs off on the cert.

deniseE

If it's really bothering you...you can always request that the ee seek a second opinion, which of course you will pay for...

But Back Pain is hard to prove/disprove and it's probably just not worth your time.

Don D

psrcello: Your star employee has just discovered the goldmine that will enable him to continue as a shirker and a half-performer for as long as it takes you to find some other reason to fire him. Good luck on your search. There is gold at the end of this rainbow for you. Take heart and be patient.

psrcello

Don D -

Unfortunately, this guy isn't the only one. I've now got employees that can quote me chapter and verse on the definition of "chronic" serious health conditions, including the section that says chronic conditions don't require more than three days of incapacity or treatment by a doctor in order to qualify for intermittent leave.

We have an attendance policy, but we very rarely even give out any attendance warnings any more, because it seems that everyone with attendance issues comes in with a medical certification of some sort of FMLA condition - aaaaarrrrrgggghhhh!

Don D

Don't let the inmates take over the asylum. Make 'em work for any excused absence. Shirkers and abusers have a way of eventually self destructing, maybe in your lifetime. x:-)