Using disability forms for certification

KP68

If an employee does not return the Certification of Health Care Provider form (for FMLA) because he/she "doesn't want to apply for FMLA", is it legit for us to use the Short Term Disability Claim Forms that this employee completed in place of the CHP so we can determine if this is truly a serious health condition?

I am aware that it isn't up to the employee to 'choose' whether or not he/she wants this to be FML time (and this particular employee is extremely adamant about not using FML time). I just need to know if it's legit for us to go by the disabilty forms to determine if this is a serious health condition or not so we can track this time off as such regardless.

For what it's worth....I know we could just deny the leave under FML time, but this will more than likely be approved as a disabilty and eligible for compensation according to that plan.

Thanks.

System

The certification is just for your benefit, so you can designate the leave as FMLA without it.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Don D

I agree. We often will use the forms physicians complete to aid the disability process and forego requiring the same information on our FML form from the same physician, particularly when he charges $15 for his signature. In these cases, though, we are sure to attach copies of the disability forms to both the disability package we file as well as the FMLA paperwork we file.

KP68

Have either of you had employees basically demand that you do designate time off under FML? I have before, but not one that is feels this "strongly" about it.
Just curious.

Don D

I've not had anyone demand it. Perhaps they realize it would be a total waste of their time to do so.