FMLA and Certification Clarification
SamanthaQ
83 Posts
I have a question for the forumites on FMLA Leave and the certification. We have an employee who says she is bi-polar and needs intermittant leave.
We had her take the FMLA certification form to her Dr. to fill out (we use the standard DOL form). It comes back and under the category that says intermittant leave there is nothing listed. Under the category of "if leave is needed" it says "yes". SO! We ask them to define a need, if any, for intermittant leave. The Dr's office responds back that the leave is "as needed". So we ask for more information by calling them. They will not give us an answer without consent from the employee. The employee refuses to give consent to the Dr's office. Do we have to allow her intermittant leave since we don't have enough information on how to administer this?
I will follow this up by saying we've felt this employee is possibly abusing her use of past intermittant leave.
Any advice is appreciated!
We had her take the FMLA certification form to her Dr. to fill out (we use the standard DOL form). It comes back and under the category that says intermittant leave there is nothing listed. Under the category of "if leave is needed" it says "yes". SO! We ask them to define a need, if any, for intermittant leave. The Dr's office responds back that the leave is "as needed". So we ask for more information by calling them. They will not give us an answer without consent from the employee. The employee refuses to give consent to the Dr's office. Do we have to allow her intermittant leave since we don't have enough information on how to administer this?
I will follow this up by saying we've felt this employee is possibly abusing her use of past intermittant leave.
Any advice is appreciated!
Comments
As for contacting the HCP - I would NEVER recommend doing that. Place the responsibility on the EE to do the running. In addition, without an authorization from the EE, you will not typically get anywhere with the clinic.
"Can we deny leave time if the certification says "yes" she needs leave but the specifics of how that plays out is omitted?" Yes, as was stated above - you should deny the leave because the certification form is incomplete. Send the form back to the doctor's office with a note & ask for the form to be completed. In the note, I would also state that the employee's leave is in jeopardy of being denied because of the incomplete answers & their assistance would be greatly appreciated...
PORK