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Can an employee have a qualifying event but still not be eligible for leave?

deliberatordeliberator 13 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I received the medical cert. form from an employee's doctor and this is a first. She does have a qualifying condition, chronic low back pain, but her doctor says it is not necessary for the employee to work intermittently as a result of the condition, she is not incapacitated, she is not required to be absent from work because of her condition, and she is able to perform the essential functions of her job. Can an employee have a qualifying condition and still be denied her request for leave under FMLA?
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  • LindaSLindaS 1,510 Posts
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    I'm assuming the employee missed time or something that caused you to provide her with the paperwork for FMLA leave, correct? The fact that they have a medical condition does NOT automatically make that condition eligible as a "serious health condition" under FMLA and that is what the physician is trying to get across. I think it's great that you have a physician complete the form honestly and not "cave in" to the demands of the patient. I wish there were more like that!
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  • deliberatordeliberator 13 Posts
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    But the physician did check box #4 for a chronic condition. He just didn't state anywhere on the rest of the certification form that this would cause her to be off work at any time. That's why I'm unsure. I'd like to tell the employee that per her doctor she does have a condition that qualifies but her doctor did not approve any time away from work because of it. And would that mean that her request is being denied? Can I do that?
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  • LindaSLindaS 1,510 Posts
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    I would deny her request and explain the reason behind it (that the dr. doesn't feel that she needs time off work). I would then provide her an opportunity to have the physician re-do the paperwork, if she is insistent that she needs the time off work. You have to remember that you are looking at the medical facts surrounding the condition and not the diagnosis itself.

    For example, most people feel that the flu is not a serious health condition but this is not always the case. The flu CAN be a serious health condition depending on the medical facts of the case so you have to look at the facts, and not just that the person has the "flu".

    Simply because a person has a chronic health condition does not mean the condition automatically qualifies that person for time off under the FMLA law.
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