false FMLA certification?

Irie

I have an employee whom I suspect has submitted a false FMLA certification. Back in April the employee was certified for a serious health condition for three months. I gave her a recertification at the end of this time period. This morning I received the completed certification.

When looking at the doctor's writing, it appears to be quite shaky and the verbage on this new form is word-for-word, the same as the other form except for the fact that the dates have been changed. The original form has the physician's signature which appears to be a legitimate signature but the new form looks as if someone has traced the signature from the old form. Actually the entire new form looks as if someone traced the original form. I have seen a lot of doctor's notes and certification forms and this one looks very suspect.

This employee also has attendance problems above and beyond her FMLA absences.

Can I contact the doctor's office maybe faxt this form to them to verify that the doctor has in fact completed and submitted this document? What can I do to ensure that this is a legitimate certification form? Thanks.

stilldazed

My thought is that you can work through a physician that represents your company, or you can get the employee to sign an authorization allowing you to contact the physician directly. You're fairly limited otherwise. Yet another option is to ask the employee directly about the similarities in the statements (the word-for-word part), or arrange a direct conversation with the worker about FMLA, having both statements present, remark on the similarities, and see if the employee has a guilt trip and confesses.

best wishes

Susan in La

If the employee has already taken 12 weeks, are they entitled to any more FMLA? Unless their new rolling year has begun, you don't need any recertification at this time if they have used up 12 weeks. I would just tell them they have no more FMLA, and let them use what if any paid leave or short term disability they have. If they can't work and you need the job done, do what you have to do.

Irie

The employee hasn't used up their time yet but they are very close. Using the rolling 12-month period she will be getting some days back very soon. So unfortunately I can't tell her she has no time left.