Send paperwork?

njjel

Ijust found out that an employee has called out "sick" since last Tuesday, but has not stated what illness she has. Would you send FMLA paperwork not knowing if it is a serious health condition?

lnelson

I would send the FMLA paperwork. It is up to her doctor to state if it is a serious health condition.

Don D

You should never ask an employee to identify an illness for the purpose of determining FMLA eligibility. Nor does a doctor show a diagnosis on the paperwork. Anytime an employee has met the qualifying conditions for FMLA eligibility (1250 hours in past 12 months and 12 months of employment), he should be sent the paperwork if he indicates he is out sick and the illness has already run three days. And, of course if he says, "I spent last nite in the hospital and it looks as if I'll be out a few more days", the paperwork should go out.

njjel

So if the employee doesn't state the illness and the doctor doesn't fill in a diagnosis, how does the employer know the employee has a serious health condition as defined by the reg?

Gillian3

The doctors note will state the time off piece. If it is three days or more, it qualifies for FMLA - that is part of the definition of a serious illness.

Don D

I'm assuming you're using the correct forms. The form asks the doctor if it is a serious health condition. The doctor checks one or two things on the form and indicates with his signature that it is or is not a serious health condition. You take his word for that and then make your decision. Check your forms carefully. If they don't force the checkoffs to guide you, you may want to revise the forms.

29CFR 825.306 outlines "How much information may be required in medical certifications of a serious health condition". Diagnosis and specific illness are not among those things an employer may ask for, and the forms don't ask for those either, or should not.

Geno

If the employee in question is FMLA qualified, the answer is yes. Your FMLA forms should contain an area for the employee's healthcare provider to declare whether the employee's health condition is a "serious health condition" as defined by the FMLA. Being absent for a week because he/she was "sick" would be construed as notice to the ER that the EE may be in need of FML.

If not, initiate your "normal" absentee/sick leave documentation process. Simple as that.

Geno

Geno

[font size="1" color="#FF0000"]LAST EDITED ON 02-28-05 AT 05:54PM (CST)[/font][br][br]...it is a terrible thing when the hand is not connected to the brain.