Healthcare Certification ofr FMLA and CFRA (CA)

KellyB

Is there anything in the FMLA that requires to healthcare provider to complete the certification, when required by the employer and requested by the employee? We have an employee who's physician does not want to complete a certification unless someone can show him in the law where he must do so. I haven't found such a provision in the FMLA and tend to think that its a service issue between the employee and their doctor. Does anyone have any input?

Don D

The Act does not require it. A doctor would have to be a real jughead to not assist his patient in securing her job when absent due to medical issues. My advice is to suggest to her that she change doctors. I have also before suggested that the HR department post the doctor's name on bulletin boards with a statement advising that "Dr. X will not participate in providing FMLA forms. These forms are required and we suggest you find a physician who will cooperate with your requests for this information." Then I would send a copy of that notice to Dr. X with the explanation that you have posted it in the interest of your employees. In fact the notification will be more meaningful if it states: "The following physicians will not..." That way he sees he is the only turd in the punchbowl.

LindaS

Have you been contacted directly by the physician or is this based on something the EE said?

My suggestion, in addition to Don's is to inform your employee (or the physician directly if they have contacted you) that without the completed certification there is no way you can approve her request for leave and therefore any absences would fall under your attendance policy, possibly costing her her job. Let her deal with the physician.

marc

The next step after losing the job could mean the loss of health insurance, thus impacting the EEs ability to pay medical bills which eventually would lead to a direct impact on the service providers bottom line.

Of course, this is business 101, which many physicians did not take.

I am not so cycnical as to suggest a connection between profitability and customer service - in an environment with such rapidly rising costs, these concepts just do not play, for some unknown reason.