FMLA and Certification Clarification

SamanthaQ

I have a question for the forumites on FMLA Leave and the certification. We have an employee who says she is bi-polar and needs intermittant leave.

We had her take the FMLA certification form to her Dr. to fill out (we use the standard DOL form). It comes back and under the category that says intermittant leave there is nothing listed. Under the category of "if leave is needed" it says "yes". SO! We ask them to define a need, if any, for intermittant leave. The Dr's office responds back that the leave is "as needed". So we ask for more information by calling them. They will not give us an answer without consent from the employee. The employee refuses to give consent to the Dr's office. Do we have to allow her intermittant leave since we don't have enough information on how to administer this?

I will follow this up by saying we've felt this employee is possibly abusing her use of past intermittant leave.

Any advice is appreciated!

LindaS

Does it say anything about what the leave is needed for? I would require the EE to go back to the HCP and inform them that more specific information is required. If she refuses, deny her leave based on the fact that the information she has provided is inadequate.

As for contacting the HCP - I would NEVER recommend doing that. Place the responsibility on the EE to do the running. In addition, without an authorization from the EE, you will not typically get anywhere with the clinic.

SamanthaQ

The certification says the leave is for depression. Can we deny leave time if the certification says "yes" she needs leave but the specifics of how that plays out is omitted?

mwild3136

Hi SamanthaQ -

"Can we deny leave time if the certification says "yes" she needs leave but the specifics of how that plays out is omitted?" Yes, as was stated above - you should deny the leave because the certification form is incomplete. Send the form back to the doctor's office with a note & ask for the form to be completed. In the note, I would also state that the employee's leave is in jeopardy of being denied because of the incomplete answers & their assistance would be greatly appreciated...

pork1

SamanthaQ: This is good advise, HIPPA gets involved with our ability to talk with medical authority, therefore, it is good advise to let the ee do the running and the threat of not being able to approve the application, should get the ees attention and thus the information needed to make a logical decision for the employee and the company.

PORK