FMLA to drive 'disabled' 25 yr old to College
Kevin B
5 Posts
I sometimes wonder if employees think HR folks have 'stupid' written on ther forehead. Any guidance would be greatly appreciate.
Employee applies and is eligibile for FMLA to care for child (age 25) post orthoscopic surgery. The health care form provided by a nurse with the physician's name stamped, whom the nurse is friends with the employee, states the child is disabled and not able to care for themseleves with routine life activities (eating, cleaning, etc.). I thought I was reading the regulations because they had all the key words in the form. The form was
I get an email four weeks later from the employee stating they will need to extend FMLA leave because they found out the college will start a couple weeks later than they thougth and that the child is going to have a second surgery to repair the menicus. Conicdence??? I ask and recieve a recertification. The recertification has all the key words again, 25 yr old is not able to care for themselves at all or walk even with crutches. Orthoscopic surgery is non-invasive and doesn't disable people, especically a 25 yr old.
The employee states in her request to extend FMLA that she has to drive their child from East Tennessee to the University of Reno Nevada to help them find an apartment before college starts and care for them beacuse the child is disabled and 'can't even walk with crutches' or brush their teeth w/o assistance.
In absence of a identical court case and opinion to reference, Is there enough to deny this request? Would others consider denying the request or am I the only one? Thanks a ton for any commments or direction.
Employee applies and is eligibile for FMLA to care for child (age 25) post orthoscopic surgery. The health care form provided by a nurse with the physician's name stamped, whom the nurse is friends with the employee, states the child is disabled and not able to care for themseleves with routine life activities (eating, cleaning, etc.). I thought I was reading the regulations because they had all the key words in the form. The form was
I get an email four weeks later from the employee stating they will need to extend FMLA leave because they found out the college will start a couple weeks later than they thougth and that the child is going to have a second surgery to repair the menicus. Conicdence??? I ask and recieve a recertification. The recertification has all the key words again, 25 yr old is not able to care for themselves at all or walk even with crutches. Orthoscopic surgery is non-invasive and doesn't disable people, especically a 25 yr old.
The employee states in her request to extend FMLA that she has to drive their child from East Tennessee to the University of Reno Nevada to help them find an apartment before college starts and care for them beacuse the child is disabled and 'can't even walk with crutches' or brush their teeth w/o assistance.
In absence of a identical court case and opinion to reference, Is there enough to deny this request? Would others consider denying the request or am I the only one? Thanks a ton for any commments or direction.
Comments
You could might require a second opinion for FMLA. You would have to pay, but it would take care of any nonsense that might be going on between friends.
Would you have let the employee have the time off anyway? We probably would have unless it was a hardship for us or the employee had attendance issues. However, I might hesitate to approve it as FMLA because of the precedent we would be setting. On the other hand, how many employees have friends willing to perjure themselves on a form?
All I have done here is muddy the waters. Forumites?
The employee states in her request to extend FMLA that she has to drive their child from East Tennessee to the University of Reno Nevada to help them find an apartment before college starts and care for them beacuse the child is disabled and 'can't even walk with crutches' or brush their teeth w/o assistance.[/quote]
I'm missing something here. How is a 25 year old who can't walk with crutches or brush teeth w/o assistance going to be able to live alone in an apartment and go to college? It doesn't feel like FMLA to me.
I love that somebody finally said what I was thinking! The PC way to discuss the issue is of course to recommend second opinions, etc. But I've known a number of people who have had the same sort of surgery and one of them I worked with, a past-middle-aged woman with other health issues besides the knee, was back to work within two weeks, climbing a flight of 14 stairs just to get to her office. So I find the claim that it would cause near-total disability in a 25-year-old pretty ludicrous.