lack of certification

Irie

Lately we have had several employees off work for more than three consecutive days. I have sent them FMLA certification papers. However, when the employee returns to work they bring me a slip from the doctor which indicates they have been off for more than three days and they are fit to return to work on "X" date. However, the employees don't return the FMLA certification from the doctor.

The slip tells me nothing except that the employee has been absent, which I already knew. Would you allow FMLA for these absences or deny it since you don't have enough information to grant the leave? Thanks.

DMK

If you've given them the medical certification form and at last 15 days to return it, you can deny FMLA benefits and count the absence against any attendance policy you have. We usually give the employee a second chance to return it. However, if they don't, we do not grant the time off as FMLA leave. Without the certification, it's not clear if the medical condition qualifies.

Irie

As a follow-up to this situation, another employee gave me the doctor's notes rather than the certification form. The doctor would not complete the certification. This employee wants to use FMLA intermittently but nowhere on the doctor's notes does it indicate the employee needs to be absent intermittently; it only states the emloyee has a chronic condition.

In my opinion just because someone has a chronic condition it does not necessarily mean they need intermittent leave. The doctor' notes are dated in July and the employee was absent in August.

I don't think I have to designate this as FMLA because I don't have sufficient information. Would you concur? Thanks.

NaeNae55

You did not choose the doctor, the employee did. Therefore it is up to them to get certification if you require it, even if the doctor does not want to cooperate. Without certification the employee does not qualify.

Having said that, double check the doctor's notes. If all the information a certification would require is there, you may be walking on thin ice. If not, return the paperwork to the employee and make sure they understand that without it you will have to follow your normal attendance policies.

Good luck!

Nae