timely return of FMLA certification

Irie · November 2007

How long after the due date for the FMLA certification do you wait before denying FMLA for an employee? The employee states his doctor is out of town/on vacation/etc. Do you deny it or give the employee an extension past the 15 days? (This was not advanced notice given by the employee.) Thanks.

NeedCoffee · November 2007

My gut feeling would be that doctors offices have contingency plans for these sort of situations - they always have other doctors available to cover for them, including the review of medical records/paperwork. I would probably deny it then let the employee know they have the right to obtain a second opinion.

stilldazed · November 2007

Without knowing more of the details and considering that FMLA encourages giving opportunities to workers, I would opt to give an extension and base it on the worker's best guess for when the physician would be available. I would also clearly communicate that the designation would be rescinded if a statement is not forthcoming or ultimately not available and let the worker know that misstatements of fact, even in FMLA cases, can be grounds for discharge. It would not be my intent to threaten or intimidate, but I would be clear with the worker that we would be extending a grace period in good faith with the expectation that the worker is acting in good faith as well.

Of course, depending specific details that you haven't shared, my response to the worker may change.

best wishes,

davids · November 2007

It is not uncommon for FMLA paperwork to be delayed at the doctor's office. We will normally give the employee an extra 7 days. After that we deny the leave. However, we will rescind the denial if the doctor later confirms that the hold up was on his/her end.

HRinVA · November 2007

What do you think of asking for the name of the doctor, and calling the office to see if the doctor is out of town? Not asking for any medical information about the employee, just to confirm that the doctor is out of town?

Earl · November 2007

How can you rescind a denial? You can't retroactively designate FMLA. This is in violation of the act. If it turns out the delay was legit, then you are stuck with that ee having gotten time off without it counting toward FMLA!

timely return of FMLA certification

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