Pain due to weather?

KP68 · July 2004

Employee was out of work with a fractured wrist and ankle sustained in March of 2004. She continues to miss time intermittently and the Certification states that she needs 1-2 days off per month for this injury.
I followed up w/the employee to see if these days were for follow-up dr. appointments, so we could try and work out a schecule, but she replied by saying that these days off are needed because sometimes her "wrist or ankle has more pain than usual,due to weather, etc."

There have been attendance issues (why else would I be questioning this, right??) in the past.

Would anyone NOT approve these days off? I'm pretty sure everyone would just run the clock until she is out of time, but that's going to be a while.

Oh, and the reason selected for the time out is 'Absence plus treatment', and the physician stated "PRN" for future office and therapy visits.

Your thoughts??

Don D · July 2004

I would be inclined to NOT approve it. You are only required to 'consider' the information provided by the doctor, not approve simply because it indicated what it did. Of course if you do not, and she files a charge with the EEOC for unfair FMLA administration, you may be overruled. You could go the second opinion route. How long is this intermittent for? If it were a matter of one month, I may approve it. But, ongoing?, I think not.

KP68 · July 2004

If I approve the time missed up until June 30, she'd have 19 days left after that....not a huge amount. What do you think? Run the clock?

Kathie0554 · July 2004

Chronic pain, wheather related or not, is covered under FMLA. Have the dr verify the condition (chronic pain) and if you still have questions you can always opt for a 2nd opinion. I tread lightly on all cases that are, can be, and/or could be FMLA.

Whatever · July 2004

The cynical in me wants to know what the weather conditions were on the days she was absent. Additionally, I'd be curious to know what the etc. is that causes her pain.
Depending on how you define "year" in FMLA, if she continues to take one or two days a month, she might never run out the clock. Based on the information received, I am not sure that, at this point, the fractures qualify for FMLA. However, if it was just for a month, I might approve.

dchr9203 · July 2004

I would not approve it. There's a few days every month that I'm in pain and don't want to come to work too and it ain't due to the weather!

KP68 · July 2004

So if you would NOT approve it, what would your denial letter state as the reason?

Don D · July 2004

"I have reviewed the information you provided and your request is denied."

dchr9203 · July 2004

Your request has been reviewed and is denied.

KP68 · July 2004

What exactly are you basing your denial on? No documented follow up treatments? A weak reason for not coming to work?

Imagine this is a "challenging" employee that will push the issue...how would you explain the reason for the denial to the employee?

dchr9203 · July 2004

My position would be that her request could not be accommodated due to the hardship it would place on the department (if indeed it would), and I would offer an alternative solution such as flexing her schedule to work around doctor's appointments, or coming in a little later on the days she's presumably "in pain because of the weather", or assign her to another position that is better suited to her "condition". Bottom line is I would not approve her request based SOLELY on her prediction of a possible problem due to possible weather conditions. If she pushes, then I would have her complete the FMLA request with specific detail as to the nature of her request, and then would require that her phsyician provide a more specific statement as to what weather conditions have an influence and his "medical" assessment of the severity of the influence and his recommendations for how long and what intervals the intermittent leave should be necessary. If she provides that to the employer's satisfaction, then approve the leave and start the clock.

Don D · July 2004

[font size="1" color="#FF0000"]LAST EDITED ON 07-19-04 AT 09:41AM (CST)[/font][br][br]Just don't cross that fine line of requiring a diagnosis and pmi. You can't get into that. If you feel really gutsy, just simply deny it and roll the dice. Tell the investigator you're doing your dead level best to administer a difficult program fairly and efficiently. If you can afford it, require her to attend your scheduled assessment by a physician of your choice. Sometimes we just get tired of being bounced around and taken advantage of by employees, don't we?

(edit) But, I agree that what you have is "Pain due to weather". But it's not weather, it's whether.....Whether or not he wants to work that day!

KP68 · July 2004

Interestingly enough, she is out today due to a migraine that she had last night.....

Whatever · July 2004

And, of course, you are following your normal attendance procedures on this... Unless she states that she is really a starfish and therefore it is possible for a sore wrist to cause a migraine.

Don D · July 2004

Starfish? Sore wrist?

Must be a New York thing...........

KP68 · July 2004

The denial letter has officially been drafted. Will let you know if anything interesting emerges once it's received!

Pain due to weather?

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