certification at 32 weeks

Irie

Two weeks ago I gave an employee FMLA paperwork after she informed me that she is pregnant.

Just now I received a call from her doctor's office informing me that they will not fill out the certification until the employee is at 32 weeks. I was quite amazed. The person told me that the employee is not incapacitated so she doesn't need FMLA. I pointed out to her on page 4 number 3 - pregnancy. The person just didn't seem to get it.

I told her that if she does not fill out this form she is putting the employee in jeopardy due to our absence policy. I know I was fibbing but I was trying to get this person to fill out the darn form. I also told her that I shouldn't even be talking to her under the FMLA regulations. She told me that I didn't know what I was talking about and she wouldn't complete the paperwork.

Of course I will allow the FMLA since the woman at the doctor's office confirmed the pregnancy. I will tell the employee that the time she uses before the delivery will cut short her FMLA time allowed after the delivery.

It makes me very angry that we HR people are supposed to be well versed in FMLA interpretation yet the healthcare professionals who are supposed to be completing these forms are ignorant to the laws.

Thank you for letting me vent. FMLA is a real thorn in my side.

stilldazed

Is the employee asking to be off from work now? She must be incapacitated due to pregnancy. Baby bonding would not start until the baby is born.

Maybe I'm not clear on your situation, but I'm not sure I see the need for the Dr. stmt yet, unless the worker is asking to be off from work now. If it's to cover the Dr. visits, you can cover them with statements per visits, or you can choose not to include them.

Please help me understand if I'm missing the point.

best wishes.

Irie

The employee is requesting time off now which is why I gave her the certification for her doctor to complete.

I understand that baby bonding starts after birth.

cnghr

Unless I'm missing something, it would seem to me that if the doctor is saying the employee isn't incapcitated by her pregnancy at the moment, any time off she's requesting now wouldn't fall under FMLA. Just being pregnant is not a qualifier in and of itself, so if the doctor hasn't told her she needs to be on bed rest or work half days (or whatever time off she wants to take now) then I understand why they aren't willing to certify it as FMLA. If this happened to one of our employees, it would fall under our normal absence policy.

Irie

However, pre-natal visits are covered by FMLA. So if an employee misses work for a pre-natal visit it would be FMLA and we could not count this against her attendance.

The issue isn't that the employee is incapacitated at this time; the issue is time off for pre-natal visits and/or morning sickness should it arise which does qualify for FMLA.

stilldazed

Agree, and the morning sickness would be the incapacitating part. Next question, is the worker now asking for continuous time after 32 weeks, or is she asking for you to be prepared in the event she needs to be absent due to something like morning sickness, and for her appts?

If you don't have an answer to those questions, it would be appropriate to ask the worker so you can clarify. Otherwise, I would discuss with her that she can certainly be absent if your organization's policy allows, but absence without medical certification does not have FMLA protection. More clearly put, the FMLA coverage can begin (presuming she's eligible) when the doctor is willing to certify that she is unable to work due to pregnancy, birth, or complication.

best wishes.