Dr. Says Return Date "Undetermined"
morrisg
102 Posts
It seems that every FMLA completed form we received back from our employee's physician in the "probable duration of condition" says "undetermined" This gives us no limits as to how long the employee can continue to use the same form. While this presents problems with the employee's own health condition it's worse when taking care of a family member. Everytime they need time off they say, "got to take care of my mom."
I realize we can recertify, but this to could be problematic if it appears we are "abusing" our right to recertify.
Is there something in the statue that would allow me to put more accountability back on the employee?
I realize we can recertify, but this to could be problematic if it appears we are "abusing" our right to recertify.
Is there something in the statue that would allow me to put more accountability back on the employee?
Comments
You won't find anything that specific in the statute to alleviate your concerns. Rather, I think the issue is an operational one vs. FMLA. FMLA suggests that the med cert identify probable duration of the medical condition and while many MD's will opt for "undetermined" (cuz that's what the office nurse wrote on the cert form), there's no reason you have to accept the cert that is too vague. Now, for some illnesses it's academic to expect the MD to provide a specific date, but certainly some info to suggest how long----- is reasonable to expect. If we don't get sufficient info to understand the length of time, we send the cert form back for clarification. I view the answer to your question more as an employer issue......what type of information are you willing to accept on a consistent basis? Good luck. You're not alone in this dilemma. I just think the solution lies with the employer more than anyone/thing else.
Let me assure you that after 1-2 times of having to get the DR to complete another form, the EE will make sure that there is as specific dates as possible filled out.
The other posts were correct that if you do not have enough or incomplete facts to make a determination, you may ask the EE to obtain additional information to clarify the duration or the medical facts about the serious health condition, or you may use a Third Party health care professional, but not one associated with your company.