FMLA and prescription
Irie
482 Posts
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
best wishes.
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 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.
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.
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
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!!!!!!)
Nae