Dr. writes "None Apply" on FMLA Medical Certification Form

Andrea

I have an employee who has been having migraine headaches. (I should also mention that this employee also has a history of poor attendance and tends to make a lot of excuses for why she needs to leave early or why she couldn't come in to work, etc. :~~ She has been written up for this in the past and is walking a thin line.) I spoke with her about FMLA and asked for the Dr. certification form to be completed and returned to me. She returned it to me a week after the 15 days I gave her and it was incomplete (she did not have any absences related to migraines in that time). I also could not read the doctor's handwriting, what little of it there was. The doctor failed to complete the top portion where they are supposed to indicate the type of "serious health condition" the employee has for FMLA purposes. Also, the only portion that had information other than "N/A", "unknown", or "?", was "yes" to the employee needing to take work intermittently or on less than a full schedule...

I asked her to to get clarification and to return the form to me complete by the end of the week. I got the form the following Monday and there was no clarification on anything and he wrote in for the type of "serious health condition" for FMLA "None Apply".

My question is, can I deny FMLA to the employee because the doctor has basically stated that the condition doesn't fit into the definition of a "serious health condition" for FMLA purposes? If so, if the employee submits the form again with a different box checked, would I have to accept that or would the initial form take precedence?

I've never had this happen before and I want to be careful because this employee is walking a thin line. Thanks for your advice! :-?

LindaS

The form I use, and I printed it from the DOL website, gives definitions of the various health conditions which helps the physicians complete the form. Do you have any other documentation supporting her migraines? Many people have bad headaches which they believe are migraines but alot fewer individuals have the acutal condition. I would call her into my office and explain why there is a problem with her form. Provide her with your FMLA policy which should also have definitions and tell her that, based on the information from her physician you have to turn down her request. I would also give her another chance to have the paperwork completed properly because if she is terminated, and she can prove she gave a "best faith" attempt to have the paperwork completed properly, you may have a problem.

HRPeg

She definitely needs to have the certification filled out completely, preferably by a specialist, because, as already mentioned many people claim to have migraines. There is a battery of tests that will need to be done to confirm the fact that she has migraines and her family dr. would refer her to a specialist to do these anyway.
I would proceed with the attendance issues and address them as you would anyone else with attendance problems.
How long has she worked for your company?

Andrea

She has worked for us for 1.5 years. I don't question that the form is from a doctor. The fax is from the neurology department. It just has not been filled out completely and the doctor wrote in "none apply" for the serious health condition definition. (This is the DOL form by the way).

I will be meeting with her and informing her (in writing, too) that FMLA is denied because according to the doctor, it doesn't qualify as a serious health condition as defined by the FMLA.

Thanks for your help everyone. It is nice to get confirmation on your thoughts before you move forward.

LindaS

One thing I wanted to add came about at a meeting I attended yesterday wherein several docs met with several HR people in our town to discuss problems we had with the way they were treating patients. Among other things that were discussed was the FMLA forms. This physician knew enough about the law to understand what is and is not a serious health condition. He informed us how bad he feels when he has an employee in his office requesting that this form be completed properly or the employee faces losing their job. We informed him, and he agreed, that he would continue to write "none apply" if he does not feel that the condition falls within the regulations. We informed him that, although we all have attendance policies, employees are provided adequate time off and if they choose to use up this time for fishing, hangovers, etc. that it is not his responsibility to save their job at the last minute. Pretty eye opening!!

I'm thinking that he is completing the form the way he is because he does not feel that her condition qualifies. If you have questions you CAN contact the clinic and explain to the quality coordinator (or someone in patient relations) and explain the problem and have them do the rest of the legwork.

Just a thought.