Depression and what goes with it

deliberator · April 2003

[font size="1" color="#FF0000"]LAST EDITED ON 04-08-03 AT 12:44PM (CST)[/font][p]My employee has certification from her doctor because she suffers from major depression. Would a panic attack be considered a symptom of major depression? Once I get an answer to this I'll know whether her absence yesterday qualifies for FMLA.

POPEYE · April 2003

Not to be ugly but we are not physicians. That is why the DOL came up with the physicians certification form. If the physician will certify that this is a "serious health condition" then as far as we are concerned, it is.

deliberator · April 2003

>Not to be ugly but we are not physicians. That is why the DOL came up
>with the physicians certification form. If the physician will certify
>that this is a "serious health condition" then as far as we are
>concerned, it is.

Do you mean depression is a serious health condition or that panic attacks are part of depression so that also qualifies under FMLA?

POPEYE · April 2003

Deliberator, What I am trying to say is that so many times some of we HR types try to be doctor, judge and jury. Panic attacks may very well be a symptom of her depression but it just as well could be caused by something else. As has been said in other FMLA posts, it is far better to err on the side of caution and allow it than to raise questions and go where HR fears to tread. Maybe I am over cautious concerning FMLA, but I have recently gone through an investigation because we denied leave and had verbally told the EE of his responsibilities, have it in our handbook and it is posted in all of our breakrooms. The DOL's position was that we had to specifically give each EE
written notification each and every time they even mentioned that they might be out for anything that resembled a qualifying event. Sooooo after several months of agony and mucho $$$$, I deal with FMLA like some retail stores do their customers, they are always right. As long as they return a certification form and the Dr has checked one of the qualifying boxes I approve it and am consistent across the board.

deliberator · April 2003

[font size="1" color="#FF0000"]LAST EDITED ON 04-08-03 AT 03:11PM (CST)[/font][p]Thanks for your input. I, too, feel I'm over cautious where FMLA issues are concerned. But it irritates me to know that some employees will stretch their situation as far as they can, using every avenue possible, to "screw" their employer (am I allowed to us that term?). I think the government has created a monster, but it's something we as employers just have to deal with.

Ethel · April 2003

Re FMLA - Getting doctor's to fill out the certification form has been a real trial for us. And then there are the doctors that will certify anything, even for months before they saw the patient, or even for persons who are out of the country and they have never seen, etc. The whole law is an "employer trap" as far as we are concerned. We originally had much more liberal benefits than those mandated by law, but as abuses continue, those may be cut back.

Depression and what goes with it

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