Paid sick time with doctor's excuse

Reggie · May 2001

If you have an employee taking paid sick time from work and the only information you have is a doctors excuse stating the employee cannot work for two weeks, can you send the Certification of Health Care Provider directly to the provider? or does it have to be sent to the employee. If you send it to the employee, and they do not return it or are unwilling to give information needed to designate the leave, what do you do?

dhnyct · May 2001

The form we use requires the employee's signature authorizing their doctor to release medical information by completing the form. I then send the form to the doctor and have it returned directly to me.

Reggie · May 2001

Would you be willing to share a copy of that form? If so and you can email it my address is [email]brussell@co.jackson.ia.us[/email] or if you could fax it Attn Becki at 319-652-6975 I would appreciate it! Thanks!

Gar · May 2001

It seems to me that if the employee is unwilling to cooperate, don't approve the FMLA leave. If has been approved provisionally, disapprove it.

Big Fred · May 2001

I agree with the last post. Completing a Certification form is one of several conditons for approving the FMLA leave. In the absence of the form and/or employee cooperation, do not approve the leave!

Reggie · May 2001

So, are you saying, if you have an employee who is off of work with a doctors excuse and does not provide necessary information for FMLA, the employee is basically off on sick leave and the employer shouldn't have to meet the requirements of FMLA regulations? (providing the employer has made the attempt and the employee was un-cooperative). Therefore, the employee can take as much "sick time" as they want and then still have 12 wks coming to them when they want job protection and decide to cooperate?

Gar · May 2001

In the absence (no pun intended) of knowing what your attendance/sick policies are, I am saying that an employer has the right to know the nature of an employee's illness for protection under the FMLA. Moreover, should the initial medical certification lack clarity, an employer has the right to ask for clarification and it is incumbent upon the employee to cooperate. Failure to do so should result in no FMLA protection with the absence considered in future disciplinary action(s).

Paid sick time with doctor's excuse

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