Repair Tubal Reversal

Michelle Crowe

Have an associate who is having a reverse tubal ligation. Her doctor indicated she is eligible for FMLA and should be out of work for 4 weeks. She does do some lifting; but we can make some accommodations for the lifting.

Have anyone ever dealt with this before? I have a hard time believing that this is a serious health condition. Also, 4 weeks seems extreme.

Thanks in advance.

Michelle

NaeNae55

Unfortunately, or fortunately (depending upon your point of view), we cannot be doctors who diagnose or determine treatment times. That is up to your employee's doctor. Give her the paperwork for the doctor to complete and return. If the doctor signs it and states 4 weeks off, your choices are really limited. One thing you can do is send the employee's job description with the paperwork. This helps the doctor really know if the employee really needs that much time off or not. You might let the employee know that you are willing to accomodate any lifting requirements for a short period of time, but again, that might open a can of worms you would rather stay shut.

Another option is to get a second opinion. You must pay for it though, and if your doctor disagrees with her doctor, then you must get a 3rd opinion and pay for it too. Will it be worth it? Only you can decide.

Just keep in mind that whatever you do is setting a precedent for the future. Will you question the doctor's decisions and get 2nd opinions on your male employees? Will you accomodate any lifting from other employees? You see where I am going. Be careful whatever you choose to do.

Good luck!

Nae

Rockie

I agree four weeks is excessive for this. Most people have it done on a Friday and are back at work on Monday. But...as long as the doctor puts her out for 4 weeks, the only thing you could do is ask for the 2nd opinion....at your expense. I am hoping that you require your employees to use paid leave before they utilize the unpaid leave. At least this way you won't have her coming back and then wanting to take 2 weeks of vacation!

I remember a doctor putting one of our employees out for a bunionectomy for 6 weeks. We simply let her burn up all her time off and then when she didnt' have any vacation time left, she complained about this as well.

stilldazed

Agree with Nae. Like it or not, move the ball to the doctor's court, go with what he certifies, and you will stand the best chance of keeping yourself out of court.

FMLA administration does not certify HR folks to be doctors. Giving the benefit of the doubt, there may be complications you know nothing about. If there happens to be, it's not your place as FMLA administrator to know about them, except that the doctor says your employee can't work.

The riskier precedent might be allowing the worker to return to modified duty for a non-workers' comp medical event. We happen to have a strict policy that restricts it most often, but if your company freely allows and you have question about the employee's expected post-surgical ability, send the job description with the employee to the doctor along with a letter asking the doctor to identify what the worker can and cannot do during the recovery period. Your efforts will count a long way toward good faith administration, and you will not be perceived as standing in the way of your worker's right for FMLA.

best wishes.

SMace

I would only add that the doctor cannot determine she is eligible for FMLA. Just as we can't diagnose. The doctor fills out the form with information that you use to determine if she is eligible for FMLA.