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FMLA second chance

IrieIrie 482 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
What do you do if you receive FMLA certification from an employee that does not qualify for FMLA and when you give the rejection notice to the employee they ask if they can take it back to the doctor and have the doctor correct the form so it qualifies for FMLA? Do you give them another chance to get it right or do you deny based on the information provided?
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  • 2 Comments sorted by Votes Date Added
  • NaeNae55NaeNae55 3,243 Posts
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    Depends, but I would probably allow it. If the doctor was in a hurry he/she might not have written in the correct dx. For instance, chronic migraines might just have a dx of headache. However, there are some you know just won't work. Usually you have an idea based on what the employee says when they ask for it back.

    Giving it back seems an inexpensive way to stay out of court to me.

    Good luck!

    Nae
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  • davidsdavids 427 Posts
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    We probably would give the employee a second chance. The employee could claim that the condition worsened since the doctor completed the form (even though it has been only a day). It's not worth the hassle. If we suspect fraud, we always have the right to get a second opinion.
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