FMLA and prescription

If an employee produces documentation from their physician that the employee was absent from work for more than three consecutive days, and was seen by the doctor one time, does the employer have the right to ask to see the prescription (if prescribed) in order to designate the absence as FMLA or do we have to take the employee's word that they received a prescription? This would fall under 2 (a) (2). Thanks.


Comments

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  • No expert but I don't believe you can request to see the actual prescription as it could reveal the nature of the medical condition. If the doctor's documentation required the employee to be off work for three days or more, you likely need to live with it.

  • I am also not exactly an expert, but Rx info is private (covered under HIPAA) and could give you enough information to get you in the ballpark of a diagnosis--not permitted under FMLA. You can provide the employee with a DOL medical stmt and ask for it, giving the minimum 15 days of course to get it returned. In situations of doubt in my organization, we typically designate the time as FMLA tentatively pending final documentation, and communicate to the worker that if the certification is not available, the designation is subject to reversal and the absence then becomes subject to discipline. It works for us most of the time.

    best wishes.
  • I would absolutely not ask for the prescription for the reasons given already. .
  • My instinct was to not ask for the prescription just because of the fact that an employer could determine a diagnosis based on the medication. So we just have to take the employee at their word that they did/didn't receive a prescription. Merely one more way to abuse the leave. Thank you for your responses.
  • I guess I am confused as to what a prescription has to do with it. An employee qualifies for FMLA or they do not. In some cases, a qualified employee may get a prescription, but not in all cases.

    The only thing I can think of is that perhaps the prescription this employee got is a narcotic or something similar that prevents them from driving or operating machinery. In that case the doctor would simply put on the certification form that the employee needed to be off for so many days. Even in this case you don't need to see the prescription. All you need is the certification telling you the employee needs to be off. It is not what the employee tells you, but what the documentation says that counts.


    Good luck!

    Nae
  • I'm confused about what a prescription has to do with it also. I've had plenty of people off on FMLA who didn't necessarily have a prescription, and plenty of people take prescription medications all the time but don't required FMLA.


  • The medical certification form you use should contain sufficient information to make an eligibility determination. If it doesn't, you should request additional information through the employee.

    I'm guessing however that you aren't using a med cert form and that you got a doctors note written on a prescription pad or some thing similar. Using a med cert form would aleviate most, if not all, of the guess work from this and other similar situations.

    Regardless, you should never ask to see a prescription - that opens up a huge can of worms.
  • [font size="1" color="#FF0000"]LAST EDITED ON 01-30-08 AT 01:53PM (CST)[/font][br][br]The employee was off all week. The only thing I received was a doctor's note. The employee did not want to have the certification completed - even though I sent it in a timely manner - and said it was just the flu.

    Based on the doctor's note the only information I had was that the employee was off all week and was seen once. Had she received a regimen of continuing treatment (prescription) then it would be FMLA. Absent the prescription it would not qualify for FMLA - Absence Plus Treatment. That is the reason I was asking about the prescription.
  • [font size="1" color="#FF0000"]LAST EDITED ON 01-30-08 AT 04:29PM (CST)[/font][br][br]I would consider a visit to the doctor treatment.

    FMLA is designated by the employer; it is not the employee's choice. At this point I would probably use the doctor's note in place of a certification and designate it FMLA. If you are not happy with that, then you can go another route. Assuming you have the necessary policies and procedures in place, I would tell the employee they are failing to follow them and write them up. I would also look at the possibility of attendance points. Either way, it is up to you.

    Good luck!

    Nae
  • Prescriptions are not necessarily treatment and I would NEVER ask to see someone's prescription.
  • If the employee failed to turn in the proper FMLA certification paperwork, then you could treat this as an unexcused absence.

    I'm struggling right now with an issue. An employee supposedly has a child which she has stated has "asthma" ...has told someone else he has a "feeding tube"....has told someone else that he can't even go to school because the doctor has put him out....and he has to be home schooled. She has so many stories, I wonder if the child even exists!

    Additionally, most of the absences occur either on Monday or Friday. If you suspect fraud, you can ask for proof of the doctor's visit. Also, when you re-certify, you can also ask on the certification form if the intermittent leave necessitates the employee always being off on a Monday or a Friday. This puts the employee on notice that you are on to their game and also puts the physician on notice that this employee may be working the system.

    Some physicians don't care and will sign off on anything....others don't wish to be a party to scamming.

    Again, this is another case of a beneficial law being made into a major headache for employers. (And they want to expand it even further!!!!!!)
  • It is true that the law has been expanded regarding service people and their families, but the DOL's new regulations might help us out in other areas. The new regs will allow us to contact the physician directly as long as the employee signs a HIPAA waiver. That is bound to make things easier (assuming the regs get passed).


    Nae
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