FMLA & Prescriptions

hhsk

We have a worker who is on FMLA. The "serious condition" is questionable. She has openly let everyone know she is taking up to 8 prescribed medications. They are effecting her work performance. The doctor has given her a note saying it is normal for her to be slurring her words. It effects her speech, motor skills, can't focus on completing tasks. I'm very concerned about a possible worker's comp injury. She has used 17 days since starting the FMLA in May. Any suggestions on how to proceed? Thanks!!

rad

Has the doctor reviewed her job description and said she's fit for duty?

Down_the_Middle

I would recommend activating a fitness-for-duty exam (or whatever you may call it) to determine suitability for work..... Not becuz the employee brags about the Rx's, but becuz someone doubts the ability to do the job. If you have Occup Health MD's that work for you, they would be a great resource; otherwise use the employee's attending MD and if you still question the RTW status, use an independent MD as a 2nd opinion.

Don D

If you do decide to get a 'second opinion' fitness for duty certification, be aware of the fact that although you may require, at your expense, that the ee get the opinion of a second provider, designated by you, "A health care provider designated or approved under (this paragraph) shall not be employed on a regular basis by the employer." This has been interpreted to mean those clinics your company regularly does business with (such as with workers' comp and pre-employment physicals, since arguably they would have a vested interest in caving to your guidance.

ref: Public Law 103-3 (29 USC Sec. 2601) 29 CFR 825.307 (a)(2).