Intermittent FMLA Leave

cmanders

I have an employee who has requested intermittent FMLA leave and turned in paperwork from his doctor. Yesterday I had to return the paperwork to him and ask him to give it back to his doctor because it was only partially filled out and had an initial for the signature, no date, no practice name, nothing. In the mean time he has been missing a lot of work for varying reasons, one of which is an upset stomach. The paperwork from his doctor says he has epilepsy. He claims the days he is missing fall under his FMLA and while I know very little about epilepsy that really seems to be stretching it. How would you go about handling this? His supervisor wants to let him go for the days he is missing but if it can truly fall under his FMLA than we cannot punish him for those days. What are your thoughts on this?

TXHRGuy

1. Push for the cert.  It's your right.
1. When did you initially request cert?
2. When was it returned?
3. How long has it been since you requested that the initial incomplete cert be completed?
2. Although you cannot ask for re-cert within the timeframe of the first complete cert (still waiting for that), you can ask that the individual verify that the cause of absence is due to the condition certified if your policy reserves this right for the Company.  This is commonly left out of policies but it's an acceptable practice.  There are many things you can do within the scope of FMLA but only if you reserve your right to do those things in your written policy.
1. If you don't have this in your policy, then you can say that an upset stomach doesn't qualify as a serious health condition and see if they can explain to you how and why it does.  You should do this even if this is in your policy. 
2. If you have this in your policy, then when he says he's out due to a stomach ache, you can tell him that he will need to get a doctor's note verifying that his cause of absence is due to the condition certified if you believe that the stomach ache constitutes a serious health condition under the act based on the explanation you requested.  Don't tell him to get a doctor's note saying his stomache ache is caused by epilepsy.  Keep it very neutral: "John, I'm not a doctor and I need to be fair to you, the Company, and your co-workers.  I need you to see your health care provider and have them write a note for you simply saying that your absence was caused by the condition that they certified on your FMLA paper work."

A lot rides on item 1.  If the cert is unreasonably late, we'll talk about how to handle that situation and it may be that this person is not entitled to FMLA designated leave for their prior absences.

cmanders

We do not have that in our policy, although I will be revising that in the near future. He now says he had pneumonia and a collapsed lung and has a doctors note for that but it would seem that still has nothing to do with epilepsy. I am still waiting on the paperwork from his doctor and he told me today the doctor will be calling me so hopefully that can clear some things up but I am not sure how much information his doctor will, or can, let me know.

TXHRGuy

Well, the pneumonia probably isn't related to the epilepsy.  I don't know about the particulars in this case but some medications make one more prone to infection.  The collapsed lung could be due to an injury incurred during a seizure.  If you reasonably believe that this health condition is not related to epilepsy, then request that the new condition be separately certified.  Pneumonia and a collapsed lung simultaneously almost certainly qualifies as a serious health condition.

cmanders

I guess I should have mentioned that the pneumonia and collapsed lung explanation came from him for being out, not from a doctor. I received a note that said he could return to work in 5 days and that is all it said, but I do see your point. I guess I will have to make him provide more information. Thanks for the input.

TXHRGuy

As soon as you think that the condition may be FMLA qualified, you have a right to a certification.  No need to be shy about it.  "OK, John, thanks for letting me know and I'm glad to hear that you will be ok and back next Monday.  At your earliest opportunity, you must have a health care provider certify your condition for FMLA consideration.  Do you want to pick that up when you come in or shall I mail it to you?"

"I don't want FMLA."

"FMLA designation is the Company's prerogative and responsibility.  This isn't really a voluntary matter.  Given the length and stated cause of your absence, I require that you obtain certification of a health care provider so that I may understand that company's obligations regarding your absence and your condition."

etc.