FMLA for Father Continued...
FunHRBanker
562 Posts
[font size="1" color="#FF0000"]LAST EDITED ON 01-29-08 AT 09:00AM (CST)[/font][br][br]I received the doctor certification for the employee's father this morning. However, there is no chronic condition listed on the forms. Under the "medical facts" which support your certiication, including a brief statement as to how the medical facts meet the criteria of one of these categories (for which the chronic condition is checked), the doctor wrote, "Will need transportation to appointments occasionally."
No where on the form does it describe any medical necessity for treatments or appointments other than transportation. It is my understanding that there must be a serious health condition for FMLA to apply. We would allow this employee to use sick time to cover any absences for her father's appointment.
I can ask for recertification of the need for FMLA for this no more often than every 30 days, correct? I don't believe that she will be gone even once a month for this. By her own admission, her father is not comfortable driving himself to appointments and that's her reason for requesting the leave. For routine checkups, she could use sick time to cover the absence (as I stated before).
Suggestions ASAP would be appreciated!!
No where on the form does it describe any medical necessity for treatments or appointments other than transportation. It is my understanding that there must be a serious health condition for FMLA to apply. We would allow this employee to use sick time to cover any absences for her father's appointment.
I can ask for recertification of the need for FMLA for this no more often than every 30 days, correct? I don't believe that she will be gone even once a month for this. By her own admission, her father is not comfortable driving himself to appointments and that's her reason for requesting the leave. For routine checkups, she could use sick time to cover the absence (as I stated before).
Suggestions ASAP would be appreciated!!
Comments
If you happen to have a copy of DOL's guidance on FMLA, reread the family leave part:
"The legislative history clearly reflects the intent of the Congress that providing psychological care and comfort to family members with serious health conditions would be a legitimate use of FMLA's leave entitlement provision. Because FMLA grants to eligible employees the absolute right to take FMLA leave for qualifying reasons under the law employers have no discretion in this area and cannot deny the legitimate use of FMLA leave for such purposes without violating the prohibited acts section of the statute. See Sect 105 of FMLA."
I would probably accept it, but I would encourage you to think of the info you have in a different way. Consider the stmt you have as documentation provided by the worker for the worker's own need to be absent. The fact that there is a need for repetitive visits to a Dr. implies the potential for a chronic condition and intermittent FMLA. If what you have satisifes that need, it would most likely qualify for the worker to be absent with a parent, especially given the "psychological care and comfort" part above.
I would probably treat the situation in the same manner as intermittent LOA and request that the Dr. appts be managed around the employee's work schedule as much as possible to minimize interruptions in work flow. I would also encourage you to think that the dad is not your employee and the stmt you need is something confirming that the worker's presence is requested, suggested, or required by medical professional opinion as something that is beneficial to the dad. I think your decision process might prove easier then.
Further, unless you dedicate as much time/attention to all workers' FMLA situations, I would also suggest that this worker may be approaching a situation where a complaint would be valid. Take great care.
In case you don't have a copy of FMLA guidance, one employee complaint will get you one, along with the DOL phone call to confirm your practice and understanding. Or you can call your local DOL rep office, and I'm sure they'd be happy to send you something.
best wishes,
I will allow the leave pending clarification from the doctor. If he refuses to clarify, I will have to approve the leave as is. Most docs more fully complete the certification and clarification isn't needed.
As with any intermittent leave we grant, I will request a schedule of leave from this employee and remind her that appointments should be scheduled outside of working time whenever possible, or at a time that doesn't unduly interrupt the department, as per the regs.
I've had at least one instance where a Dr. has required payment to complete the info, and I have yet to find a need to pay to have the paperwork done. What I have found to be successfully and less costly is for the employee to sign an authorization allowing me to speak with the physician's staff, call their office, and tell them what I'm after. I have found that the office misunderstood what I was after and with my explanation they very willingly provided the documentation with minimal effort. By the way, the authorization is HIPAA compliant, we offer it as an option to the employee (who would then voluntarily sign), and the employee in that situation is often at least as frustrated as we are.
Food for thought. Maybe it would be an option for you as well.
best wishes.
Stilldazed- can I get a copy of that form?
I'd appreciate a copy of your form too, stilldazed! [email]tbostwick@pahrumpnv.org[/email].