FMLA and What is or is not a serious health condition

Doll · July 2008

Friends, I have a long term employee (past WC problem) who stated in an email that she has an infectious disease that is contagious and she is being treated wtih a pic line or groshong into her veins for medication purposes. A nurse comes to her house and injects the medicine twice per day, three times per week. I wrote her this email. How do you see it? Wanda

xxxx, it is my job to tell you that you are eligible for FMLA due to your serious health condition. You will not be able to return to work until your doctor says it is safe for you to work. You may not return to work on a pic line (Groshong), and your infection must be cleared up (no longer contagious) before you come back. You said you have 5 more weeks of treatment after today. That will be around the middle of August.

Please have your doctor complete your FMLA forms and return them to me. I sent them to Dr. Howard yesterday. You have 15 days (by July 25th) from yesterday to get them to me. If you report to work without a release from your doctor, you will be sent home. Please call me at xxxxxxxxxxxx if I can be of assistance in any way. I have attached another set of FMLA forms.

Thanks. Wanda

HRinVA · July 2008

Why not use the DOL response, or the verbiage from the DOL response:

[url]http://www.dol.gov/esa/WHD/forms/WH-381.pdf[/url]

Doll · July 2008

HR, thanks so much. Wanda

LindaS · July 2008

I would have worded it differently but it sounds okay. My form letter for FMLA simply states that we have received information of a potential serious health condition that may qualify the EE for FMLA leave. I inform them of the 15 day requirement and inform them that their leave is being preliminarily designated as qualifying but if I do not receive the paperwork back their leave may ultimately be denied.

The only other thing is that I would NOT send the paperwork to the doctor. I send it directly to the EE and require them to take it to the doctor to get completed.

Doll · July 2008

Linda, this was an email response to an email. I had already sent the papers to her. She tries to act stupid so I wanted to plainly state the bank's position. Thanks for your help. Wanda

Irie · July 2008

I also would not send the certification directly to the doctor but send it to the employee, certified mail, return receipt requested. This way you have proof that you mailed it and the employee did/did not get it.

I also send a copy of the letter and another set of documents regular mail to the employee. I'm just covering myself in the event they don't receive the certified letter.

stilldazed · July 2008

I generally agree with other posters: it is generally OK, and I would have done it differently. Even in the face of having sent the info already and having an inquiry from the employee by e-mail, I would work to stay out of the ya-ya by email. You're opening a door for yourself that you may wish had remained closed if a problem develops. I would stick with the same format of communication used for other workers, which for me would be standard forms. I would also not send something directly to the physician unless I had a signed HIPAA-compliant authorization on file (if you do it wasn't mentioned). Your mention that this worker is a "past WC problem" implies that you are sensing some reason to be wary with this person's FMLA--all the more reason to be consistent in your practice.

best wishes

Doll · July 2008

Still, you are absolutely right. This particular problem has grown since I began working here in August of last year. I appreciatie your input. Wanda

stilldazed · July 2008

Hope things work out well. Please keep us posted.

FMLA and What is or is not a serious health condition

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