FMLA Certification

TTK · February 2003

Can information concerning the specific medical diagnosis of an employee's medical condition be obtained through a medical certification form in order to properly determine whether the employee meets the requirements of FMLA? We often receive vague statements from physician's such as "Patient's health condition will require her to miss work on as needed basis." We are concerned about FMLA abuse from employees who come to work an hour or two late and say it's due to a FMLA event.

Don D · February 2003

The Act allows, and the forms so state, that the employer is to receive on the Certification of Health Care Provider form, both a diagnosis and a regimen of treatment statement. You are at liberty to return the forms to the employee as conditionally approved pending receipt of those entries or you can fax it back to the provider with that explanation. You will still be plagued, though, by those doctors who, on the line for diagnosis, enter those little meaningless numbered codes.

TTK · February 2003

Thanks for the info! It was exactly what I was hoping to hear!

tbehan · March 2003

Don D-
On the Certification of Healthcare Provider forms from the U.S. Dept of Labor, diagnosis is not asked for, or can't be asked, correct?
If possible, I would appreciate any employee medical certification forms used by other employers for non-FMLA absences, verification of sick time usage, workers comp, ADA, etc.
You can fax to 607-778-6117- c/o tbehan. We are attempting to come up with a form that is permissable to use for all of the above situations.
Thanks again!

Don D · March 2003

The federal regulations state, in part, that a certification shall be sufficient if it states the date on which the serious health condition commenced, the probable duration of the condition and the appropriate medical facts with the knowledge of the health care provider regarding the condition and planned medical treatment. On the other part of your post, I wouldn't recommend trying to develop a 'catch-all' form incorporating qualifiers for these various sorts of possible situations. FMLA and ADA have such wide differences, qualifiers and requirements, as does comp which varies from state to state, being a non-federal application. And your sick leave policy is peculiar to youyr own company in many cases. I think you might be trying to build something like an employer's manual of forms for unemployment insurance regulations in Connecticut, Arkansas, California and Illinois, when all four are glaringly inconsistent. But good luck.

FMLA Certification

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