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FMLA...Don't Think So?!

FunHRBankerFunHRBanker 562 Posts
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[font size="1" color="#FF0000"]LAST EDITED ON 08-14-06 AT 08:14AM (CST)[/font][br][br]An employee fell off her boat Saturday. She may have a cracked rib. Her doctor has given her a note stating that she may return to work on 8/21 with the restrictions of not lifting more than 10 lobs (understandable weight restriction). After going to the doctor, she traveled by car for 2 hours and also wanted to make a shopping trip. A week off for ribs that "may be cracked" seems quite excessive to me! Especially after the trip and shopping. I don't believe this qualifies as FMLA since it doesn't seem to me to be a serious medical condition. Do you agree or disagree? Thanks!
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  • 6 Comments sorted by Votes Date Added
  • DfoxDfox 39 Posts
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    >[font size="1" color="#FF0000"]LAST EDITED ON
    >08-14-06 AT 08:14 AM (CST)[/font]
    >
    >An employee fell off her boat Saturday. She may
    >have a cracked rib. Her doctor has given her a
    >note stating that she may return to work on 8/21
    >with the restrictions of not lifting more than
    >10 lobs (understandable weight restriction).
    >After going to the doctor, she traveled by car
    >for 2 hours and also wanted to make a shopping
    >trip. A week off for ribs that "may be
    >cracked" seems quite excessive to me!
    >Especially after the trip and shopping. I don't
    >believe this qualifies as FMLA since it doesn't
    >seem to me to be a serious medical condition.
    >Do you agree or disagree? Thanks!


    I would have the doctor complete the DOL Certification papers to see verify. Just a note would not make me comfortable.

    We require this form be completed, and if it is not we return it to the employee to bring it back to her doctor.
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  • FunHRBankerFunHRBanker 562 Posts
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    If it doesn't come back as FMLA eligible, can we force the use of vacation time (employee has used all sick and personal time)?
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  • DP MiDP Mi 4 Posts
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    If it doesn't come back as FMLA qualified you can give her the choice of getting paid for the week by using vacation, come back to work, or if you want to be nice, a week with no pay till her supposed cracked ribs heal. If it is not FMLA qualified you do not have to give her the week. Let her know it isn't FMLA qualified and that if she doesn't use vacation the time off will be unpaid and could be counted against her.

    If it is FMLA qualified it depends what your policy ssays. Our says it runs concurrent with sick and vacation time.

    Good luck!
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  • mwild31mwild31 1,441 Posts
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    "If it doesn't come back as FMLA eligible, can we force the use of vacation time (employee has used all sick and personal time)?"

    Okay, here's a dumb question. How else would she get paid? Do your policies pay for time off due to disability or do they state an employee needs to use all paid time off prior to going unpaid?
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  • stilldazedstilldazed 640 Posts
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    Our policy requires the use of PTO, whether the absence the employee is eligible for FMLA or not. Our STD is voluntary, and we are not self insured. There is a 7-day waiting period. If the employee has STD, he/she can file a claim. As the employer, part of the claims process is that we certify wages were lost due to the absence. STD coordinates their benefit with PTO, so the employee may have a valid claim, pass their 7-day waiting period, and not get STD benefits as long as they are drawing wages via PTO.

    As an aside, PTO has some pitfalls, but one among its advantages are situations like the above.


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  • stilldazedstilldazed 640 Posts
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    Agree with Dfox. Get the DOL form completed to help you with your decision. You may also want to include a job description with key responsibilities to help the physician make the best possible decision. Aside from that, take care that you don't 'interefere' if your worker is otherwise eligible for the protection.

    You might consider transfering the worker to an alternate position for the term of FMLA to keep the worker working.

    From one HR decision make to another, the best thing you can do for your company is tame your emotions. Get those out of the decision, and make the decision based on the facts you have. Try to make things easy for the physician by giving him/her all relevant info you have, then trust the doctor's decision when it returns.

    Best wishes,
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