suspicious anticipation of fmla need

cats in TX · January 2008

I realize that what is common sense to me is not always the same as legal interpretation. Therefore, I am posing the following questions.
1. We have an employee who has been approved for intermittent fmla. She has requested the day before and after MLK holiday as fmla. Can I request documentation to prove that these two full days are fmla related?
2. The same employee has requested the week of Spring break (March 17-21) and indicated that it is fmla related. Can I require her to submit additional paperwork for a continuos leave since this will exceed 3 days and she is only approved for intermittent leave?
3. If she has the ability to forecast the future, should I take her to Vegas with me?

NeedCoffee · January 2008

Have you requested a doctor's certification? Depending on her condition, it should state how long episodes last, whether or not need for leave can be predicted, etc. If you can't use the certification, I would suggest looking at your leave policy. For example, if more senior employees have also asked for Spring Break off, and she's using FMLA to attend treatment, doctor's appointments, etc, you could request that appointments be scheduled at a more convenient time. It IS within your right that foreseeable, plannable leave be done in a way that minimizes workplace disruption.

Sorry about the rambling, but this all really depends on the nature of her illness and the nature of the leave.

HRinVA · January 2008

I assume you have received FML certification of the need for intermittent leave. The regs state that you can request recertification every 30 days, or if the circumstances change(such as duration of absence or severity of the condition).

The regs also state that "a health
care provider representing the employer may contact the employee's
health care provider, with the employee's permission, for purposes of
clarification and authenticity of the medical certification."

and

"An employer who has reason to doubt the validity of a medical
certification may require the employee to obtain a second opinion at the
employer's expense."

suspicious anticipation of fmla need

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