Dr. won't certify morning sickness

marc

Reading A Williams response in the thread about Flu and Pregnancy leads me to post this question.

Sorry for the length.

I have an EE who is 5 months pregnant, who has had attendance issues related to morning sickness, OBGYN appointments and the like.

We gave her the DOL provider certification forms and started the 15 day clock for her to get these absences covered. She took the forms to her regular doctor, who sent them back saying no FMLA time needed except for two post delivery appointments and some post delivery time (I think 8 weeks) for mother and child and recovery.

She now missed some more days, this was also Flu related, but apparently the pregnancy made the flu recovery time longer than it would otherwise need to be.

We have given her some coaching about attendance and are going to give her a verbal warning now.

I don't want to do this, but since the paperwork came back without designating any of these absences as FMLA, I feel like my hands are tied.

She has another appointment with the OBGYN today. I am giving her a new set of of the DOL forms and having her supervisor suggest she discuss the attendance problems with this physician in hopes of getting a certification that will cover the pregnancy related issues.

I know this is the reverse of what we usually see, Doctors certifying everything from hangnails to sniffles as FML related.

This young lady is an excellent processor when she is at work, and I don't want to write her up for things I think should be covered.

Feedback?

awilliams

Keep in mind that as an employer you always have the option to certify an employee for FMLA leave without the doctor's certification. Check out the Special Report on FMLA - it has a section on that.

I would go ahead and certify her as FMLA. At the same time explain to her the importance of getting the forms turned in.

Anne Williams
Attorney Editor
M. Lee Smith Publishers, LLC

System

I would certify and count the time. If you use a system of a rolling year, this is going to shorten the time available after the birth of the child. But I can see it now. It's not going to get any better.

LivindonSouth

The certification form you send the doctor is only one of several tools you use to determine whether or not to count absences as FMLA. No doctor has the authority, under the act or your policy, to DETERMINE whether or not an absence IS FMLA. Only you can do that. You can do that based on your knowledge of the facts, the certification form and any number of other pieces of information available to you.

You should count any and all absences remotely related to the pregnance, prior to, during and following delivery, as FMLA.

marc

Thanks for the feedback. My reluctance to count the absences stems from the doctors note being so adament that this "normal pregnancy" would have such limited FMLA application.

I have also not experienced medical providers that would not certify seeminly unrelated conditions as part of a pregnancy.

In any event, I started the FML clock when we gave her the DOL paperwork, contingent upon receiving the certification. I'll remove the contingency and go forward.

LivindonSouth

Fifteen years of medical school, a medical degree and a multitude of nicely framed sheepskins do not equal rational or reasonable thinking or the ability to navigate government entitlement programs. That's why they have us.