Chriopractors in Kansas

Bev · November 2002

I have an employee that has been off work for several weeks due to a lower back sprain or strain (he states he hurt himself at home). He has given his supervisor notes from his chriopractor excusing him from work. He also has not applied for FMLA and he is an eligble employee. I have informed him that he needed to fill out this paperwork in order to remain off work for a serious health condition. My question is: Is a chriopractor an authorized physician that can excuse and employee from an extended leave from work? I also asked him if his Dr. has taken x-rays of his back and he said no he has not. Should we accept this as an authorized absence from work?

Don D · November 2002

Whether you accept the excuse and grant the excused absence should be determined by your written policy. But, to the FMLA issue, yes chiropractors, if licensed to operate in your state, are classified as 'health care providers' under the Act. You should also go ahead and place the person on FMLA anyway pending receipt of their paperwork to be sure your 12-week clock is ticking. It may be splitting hairs, but, the Act says "....chiropractors limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist....."; and I notice you said there was no X-ray.

Bev · November 2002

Thank you Don D and Crout for your feedback, it was very helpful. Yes I do plan to have him fill out his FMLA paperwork to monitor the 12 week leave.

Crout · November 2002

I agree with Don, and don't forget that you can send him to a physician of your choice for an examination, which would likely produce an x-ray.

Chriopractors in Kansas

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