asking for information from doc.

Irie

I have an employee nearing the end of her 12-month FMLA entitlement. And I believe she is using the system to take days off without incurring points under our policy.

The employee's physician stated three months ago that the employee would need to be off work intermittently for a period of three months. I will be sending the employee a new certification form at the end of this month.

Am I within my rights to also include this employee's attendance over the past three months along with the employee's job description with the certification form to get the doctor's opinion as to whether or not the employee's absences have been excessive? Or do I need permission from the employee to send the additional information? Thanks.

stilldazed

You will have to have the employee's permission to contact the physician yourself, as well as to send the worker's attendance history. If you already have a 3-month certification for intermittent absences, there may be nothing more you can do about the past three months, and understand that FMLA is not fool proof. There are opportunities for employees to abuse the process, especially in intermittent absences. Depending on your company's attendance policies and documentation requirements (in all absence situations), you can require evidence supporting the absence after each absence, but only if you require it from all employees for absences. It cannot be because of the FMLA part.

Remember to work through the employees with their physicians, or use you in-house physician if you have one to contact the employees' physicians, and with authorization only.

best wishes

stilldazed

I absolutely agree that recertification is an option, and questioning past absences is an option if initial certification outlined a different expected absence schedule. My apologies if my posting implied that doing so is not an option.

LindaS

Actually I have to disagree with the previous poster. You have the right to request recertification every 30 days under certain circumstances, one of which pertains to the questionable use of the FMLA. For example, if the doctor certified that they need leave once per month but the EE has been gone 4 times this month, you have every right to require recertification.

In these situations I have sent the letter to the EE, accompanied by a copy of their attendance record, informing them that they are required to provide updated certification verifying the need for the amount of leave taken. I provide them the 15 calendar days and inform them that if they do not have the requisite certification within the 15 days, their FMLA is no longer considered approved.

I would NOT send the letter to the doctor but to the EE.

HR Jones

I agree with Linda and have done the same. As long as the letter goes to the employee, and the employee brings it to the doctor, it is allowed.