who's her doctor?

hrnewby · September 2005

On 9-6, an ee faxed me a request for a personal leave of absence for 1 month to go to Croatia for "medical reasons ans some personal things I need to care of." She gave me specific dates of Oct. 3 to Nov. 3. On 9-8, this ee presented a script from a local doctor (whom she has seen in the past) stating the ee "needs to take 1 month off for purposes of stress, varicose veins, and arthritis." I have given the Request for FML to the ee, along with a Cert. of Health Care Provider form. My questions is, what doctor should I be looking to for certification? I know I won't get a cert. back from a dr. in Croatia within the 15 days allowed by law. I know her dr. here has signed off on just about anything the ee requests of her. Since I know she is going to Croatia and will not be in the states to be treated by the local dr., how can I be sure she will be treated for a "serious medical condition" back home with her friends and family?

Whatever · September 2005

I'm always curious when a doctor knows a month in advance that an ee will need to take time off for chronic conditions. At this point, take the form completed by the local doctor. However, you need consider getting a second opinion (basically, because the person really wants the leave to deal with personal matters).

atrimble · September 2005

Intensive treatments for rheumatoid arthritis (for example) can last for two or three months. It can involve supervised or unsupervised stretching/toning exercises 3-5 times a day, heat/cold therapy (which may need to be done at a facility instead of home) multiple times a day, medications including antiinflammatories, pain killers, and, depending on the duration of the condition, other meds like mood levelers, etc. The sufferer could be hospitalized for a while, then sent home with visiting nurses and therapists, and finally required to take their recovery into their own hands. The length of time away from work would be dependent on how advanced the arthritic conditions are, and how other symptoms or events exacerbate the arthritis.

NOW, back to the topic- leaving the country on a 16 hour plane trip indicates to me that the arthritis must not be so bad as to need intensive therapy. Unless the employee states (and eventually proves) they will be getting direct medical treatment while in Croatia, I think I'd look at the time off request as a non-FMLA qualifying vacation (rest & relaxation).

LivindonSouth · September 2005

I think I would just deny the leave. I feel engaging today. x:-)

hrnewby · September 2005

Engaging is a very good way to feel! Can I deny BEFORE I see a dr's cert? I believe I can deny if I don't get it back in 15 days, but again, I'm not sure who's cert. I need.

System · September 2005

I would say get the certification from the doctor who says she needs one month off. Based on varicose veins and arthritis I would deny the leave. It's doubtful that traveling overseas has any medical advantage over coming to work - depending on the work she does. And stress? Refer her to the Employee Assistance Program. The very most I would consider is a second opinion.

Come to think of it, I would just deny the leave.

LivindonSouth · September 2005

But, only deny it after you have the cert in hand. If you deny it without allowing the process to unfold, she can call the feds in on you for violation of her rights in regard to FMLA.

hrnewby · September 2005

I have given her all the paperwork and now I will wait to see what it says. The ee tells me she is going overseas for one month, but she gave me a note from a doctor her in town. If she is supposedly being treated in Croatia, where she has lots of family she usually visits every year, don't I need that cert from the "provider" and not her friendly family doctor here who will not be treating her during this particualr month? Is there such a thing as a "referred provider"? I suspect she is under stress and looking for a way for us to ok her leave to visit family, but I want to afford her her FML rights.

LarryC · September 2005

Once you get a cert back from her doctor you can't really question the medical reasoning behind it. You CAN, however, obtain a second opinion at YOUR expense from YOUR choice of doctors. If the two opinions differ, then you get a third opinion at a doctor you BOTH agree on, again at your expense. This third opinion will be final and binding.

If you can't accomplish this process before she leaves, deny the leave based on not having satisfactory information on which to grant such a leave.

As an aside, this quack really thinks that a month off will cure varicose veins and arthritis?

hrnewby · September 2005

Modern medicine is wonderful, isn't it? I gave her the paperwork, told her to get the cert from the docotr providing her the service, and left it at that. I will wait the 15 days to see what I get back. Thank you all for your help.

who's her doctor?

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