lifetime condition for FMLA

Irie

We have an employee who was approved for FMLA several years ago. On his certification the physician indicated this would be an ongoing condition for life.

In the past I have asked for the employee to have his FMLA recertified annually in the event something has changed regarding his intermittent absences.

In December I requested recertification and the employee has not provided it yet he continues to take FMLA. I'm not quite sure how to proceed from here. He has not run out of time but right now I have nothing but a certification from over a year ago. Can I use this and just assume he is still suffering from his lifelong condition and approve the FMLA? I have never had this happen before and don't quite know how to proceed. Any help would be appreciated. Thanks.

NeedCoffee

I would still get that recertification. If you require other FMLA'ers to recertify, then you shouldn't make an exception for this guy just because you have an old indication of a life-long condition. Things could always change!

I think consistency is your best bet.

Irie

I agree with the consistency but what do you do if the employee isn't returning the certification? Count the absences against them? Fire them for violation of the attendance policy.? Somehow I don't think the courts would rule in the employer's favor if that were to happen.

NeedCoffee

I think you need to get on the EE about returning the cert. Without knowing the details of the illness, I can easily conceive of situations where a court WOULD rule in favor of the employer. I think some other forumites would agree, you need to treat this like any other FMLA request. Unless you can find some language or a court case involving "lifetime illness" and FMLA, I don't see what the problem is.

For example, I have an EE with a type of vertigo that the dr. states will last the EEs lifetime. Each year we recertify, and the EE knows it is part of his obligation to comply with our leave policies. Once he missed his deadline for the re-cert, and I told him he had an additional 15 days to turn it in, after which point he would fall under regular attendance guidelines. It's amazing how quickly that cert turned in after his first unexcused absence...

joannie

I agree with Needscoffee. Give the EE a time limit to turn in the re-cert; if not turned in go with your regular attendance policy. But above all, be sure to document everything. Personally, I would send the notice of time limit by certified mail.

LindaS

Agree with the others. I have several EEs who have lifetime chronic conditions. They are all required to recertify annually and if they fail to do that within the 15 calendar days, they are provided, in writing, a notice that states they are being given 7 calendar days to get the certification in and any further absences will be counted against our Attendance Policy. All have gotten it in.

stilldazed

I think you have an employee that has grown lax with the system. You need the Dr. stmt because (hopefully) everyone else is required to produce one. You may have to given an ultimatum, but if that's what you have to do, that's what you do.

Irie

Thanks all. I mailed him a letter stating he has 15 days to return the certification. My VP of Ops. also talked to the employee, gave him a copy of everything and told him if we don't have the information in 15 days the attendance policy will apply. Now the ball is in his court.

stilldazed

His court is where you want the ball in FMLA. Maybe things will work out well.