Why FMLA?

FunHRBanker

I'll try to summarize this briefly! Woman misses 3 non-consecutive days of work because of bronchitis. She did not request FMLA as she didn't consider it a "serious health condition" and it was not consecutive absences. I do not believe these absences warrant FMLA. Employer states that if she signs the request (which she does not want to do), they can obtain her medical records. I also do not think this is true. What knowledge can you infuse me with??

Whirlwind

Maybe that summary was TOO brief x:-/ because I'm not sure I understand. Or maybe you don't either and that's your point. Without more info, all I can say is that the trigger for the employee to consider FMLA desigation is normally the 4th consecutive day of absence unless it's intermittent FMLA absence pursuant to a previously established condition. By her signing the request, the most the employer should be able to get is the information on the FMLA certification form, which is not really "medical records" though it might be taken from medical records.

I'm guessing either the employer is misguided about their responsibilities and rights under FMLA or the employee has badly misunderstood what the employer has told her.

FunHRBanker

The employee did not consider FMLA, especially since the absence was not 3 consecutive days. The paperwork was handed to her and she was told she had 2 days to complete and return it. Thanks for your help though! You confirmed my initial thoughts that this is not and FMLA event and her employer is misinformed.

I have advised her that she has 15 calendar days to complete and return the paperwork, to qualify for FMLA the absence should be at least 3 consecutive days, and that they would only be able to obtain info regarding the condition(s) listed on the FMLA request.

Thanks again!

LindaS

Fun HR Banker - While I agree with your assessment as it relates to the federal FMLA, the WIFMLA is a little diffent. The WIFMLA does NOT require the "more than three days missed". It only requires that there be at least two direct, first hand visits with a health care provider resulting in continuing treatment. In the above instance, if she was seen on more than one occasion by a health care provider for her illness, this COULD qualify as WIFMLA. She should get the appropriate paperwork completed to determine whether or not this qualifies. I do, however, agree that she has 15 calendar days to get the paperwork returned.

FunHRBanker

Thanks Linda! I was not aware of the two visits to the dr. She only went once, so she's still "safe". She doesn't want to use FMLA, but is being told that she must and I disagree.

LindaS

You mention Bronchitis. Funny you mention that because I had the same situation with an EE except she WANTED to use FMLA. There was a case here in WI (can't remember the name but you can find it on the DWD wbsite) wherein the EE had bronchitis and wanted it covered under the WIFMLA even though they had only been to the ER. LIRC decided that this was NOT FMLA eligible. I'm using this case as a refence in a grievance situation right now.

Good luck.

FunHRBanker

How do you find the court cases? I did a search of "bronchitis" and couldn't find it.

LindaS

You log onto the DWD website, click on the "Search" icon and type in WIFMLA. The first item will be the LIRC ER Digest. Click on that and you will be redirected to the information from court cases regarding various items under the WIFMLA. I think the 2nd one deals with the "definition of a serious health condition". The one I mentioned was against MPI Machining and related directly to bronchitis and it was found by LIRC NOT to be a serious health condition.

If you have additional questions, feel free to email me directly at [email]LindaS@Merrill-mfg.com[/email].

Good Luck