FMLA Recertification

Dfox

I have an employee that was approved for FMLA, and also applied for STD. The FMLA papers stated she had to be off for two months due to a medical condition, and severe depression. Our STD carrier denied her claim because the doctor told them he only saw the ee once, and that she did not return for follow up visits.

Based on this, we decided to have her recertify since it has been over 30 days.

What do we do if we don't get a recerticiation? Due we have the right to terminate her for being on leave without a reason, or do we have to follow our normal attendance policy in which case this would be an occurrence?

HROne

If she hasn't been out full two months, and the medical certification states the employee is unable to work 2 months due to a condition that qualifies as a serious health condition, then I think the only option you have is to send her for a second opinion - at your cost. Keep in mind that if the second opinion differs from the first, you may have to pay for a third opinion to resolve the conflict. If you notified her that you will require periodic reports of her intent to return to work, you could ask for an update (the periodic reports cannot be required for less than 30-day intervals).
On another note, you may want to verify that recertification can be requested at this time. I think it can only be requested if you have given written notice that you will require re-certification at the time you notified her of her FMLA entitlement.

jitrbug

She has requested leave under FMLA therefore she needs to comply with FMLA guidelines and provide the certification. You need to allow her 14 days from your request to provide that certification. This is best done by letter and let her know that if you do not receive that certification within the 14 days, she is not on an approved leave. Require her to make some contact with you to indicate her intentions and her failure to do that and provide the certification will result in voluntary resignation. If the 14 days actually expires her 2 month leave request then deal with it as an attendance issue (since FMLA requirements were not met for protection) when she returns.