FMLA

Dave at JoCo

If an employee submits a "Certificate for a Health Care Provider" for a potential FMLA event and the information is not adequate to determine if it is a qualifying event, how can the employer ask for and receive additional information?

Can the employer:

1) ask the employee for the information

2) ask the employee to take a set of prepared questions to his/her care provider,or

3)Can the employer send a list of prepared questions directly to the Health Care Provider if the employee provides an authorization to release the information


We are a public sector employer in the State of Ks.

Thanks for your assistance.

Don D

It sorta depends Dave. What specific information was omitted or not sufficient?

Down_the_Middle

Dave:
I think you could use any of those options to obtain any needed PHI data. We seem to have better luck with your option #3, but whatever works for you...... A simple phonecall to the provider might get what you need for non PHI clarification.

POPEYE

Welcome to the forum Dave. Please remember that "most" responses you will receive are not meant to be sarcastic or put-downs but only disseminating opinions and or experience.

If your using the DOL certification form or a self-made form, all questions necessary for you to make a decision should be on it. Now, if you don't get those questions answered adequately, you may ask the EE to return it to the physician for clarification.

KP68

I was under the impression that employers could not contact the doctor directly if the time off is for FMLA reasons. I was also under the impression that no other document could be used (or should I say no other questions could be asked) other than what is on the CHP.

Our practice is to send the form, along with a new one, back to the employee with a letter explaining the deficiencies in the information, and at the same time, stating that we are unable to make a determination at this time due to the lack of detail and/or information.

dchr9203

I would, in writing, notify the employee that the information was inadequate to make a determination. Here's another form, please provide completed by ??/??/2004. A decision will be made on ??/??/2004 and FMLA may be approved or denied based on the information currently available.