Does antibiotics qualify for FMLA

CPK

We have an employee that has been off from work and getting a doctor's excuse for the time missed. The notices have been given to the supervisor after missing work. The employee has missed another (this) work week and says he will get a doctor's excuse covering his absence when he returns. Again, after the fact. The employee has no vacation or sick leave accrued. So, time off has been without pay.

I have just been made aware of this and asked the employee to complete a FMLA application and have the physician complete a med cert statement. So the process is started. The stated reason on the application is "I'm sick and need time off to get better". The med cert is coming today. Unsolicited, the employee said the med cert will excuse his absence this week because the doctor put him on antibiotics for strep throat. I asked him to not share details with me and that the med cert statements will assist in the FMLA process.

In anticipation of the med cert, I wanted to get thoughts from those with more FMLA experience. Does taking antibiotics qualify for FMLA if it won't affect their ability to perform their duties?

As always, I appreciate the helpful responses. Have a great day!

KB

Irie

Yes. See page 4 of 4 on the medical certification form. It would fall under 2. (a) (2) Absence Plus Treatment if the employee missed more than three consecutive calendar days and was treated on at least one occasion and given the antibiotics or a prescription medication.

Give the certification form to the employee and let their doctor fill it out according to the serious health condition definition(s).

stilldazed

Technically speaking, yes, and agree with Irie: give the doctor the FMLA definition and let the Dr. decide. Having seen the Dr. and having an Rx satisfies the definition of 'regimen of care,' regardless of the diagnosis. You may find it helpful to just look at the circumstances, forget about the Dx (since you shouldn't know that anyway), and stick with the Dr. stmt.

best wishes

CPK

Thank you both for the comments. I had expected the posts to focus on the med cert from the doctor, but wanted to check. I am getting use to the "regimen of care" to mean an employee taking an aspirin a day and having another doctor's appointment scheduled will qualify for FMLA. Thanks again. Have a great weekend!

stilldazed

I know it seems a little counter intuitive sometimes. An easier way to remember is to let the experts be the experts. An employer is the administrative expert to ensure that procedural steps are taken appropriately, which would be you. The medical expert (Dr) provides the medical info side. It's really difficult to do the administrative side without input from the medical side, hence the Dr. stmt.

best wishes.