FMLA - 2 questions

goneal

1. First question is concerning the 15 days EE is given to return the Certification paperwork. Are these "working days" or "calendar days"? I always thought it was calendar days that include the weekend days, but I am being told it has to be "working days" based on how many days a week the EE works which can really stretch it out.

2. With regard to the "Serious Health Conditions" that may require 'Chronic treatments", do we as the ER have the right to question this without having to get a second opinion? For ex., we have one now that is filing one for "IBS" with a "duration that is indefinite". Does the ER have the right to question this, or deny it, without having a second opinion done?

Is there a specific list of conditions that would be considered Chronic and qualify for FMLA or do we just have to go along with the Dr. if he puts it on the form as chronic?

Sorry for the long scenario. Has anyone else encountered these? Thanks for your input.

LindaS

Answer to #1 - CALENDAR days.

Answer to #2 - No, there is not a list. What I would recommend is to go back to the EE and have THEM get clarification regarding how frequently they will need to miss work, how frequent the appts. are, etc.

Peyton Irby MS

The answer to the question on medical certification is that the employer may not question the certification directly (work comp. is different if that's the cause of the absence). You can have a health care provider contact the certifying provider, IF the employee consents. Also,if you doubt the validity, you can require a second opinion at your expense. 29 cfr 825.307 (a)(1)(2).
The employee must furnish the medical certification upon your written request. They have 15 calendar days to do so. 29 cfr 825.305 (b).
The poster is correct that there is no "list" of recognized chronic conditions. Generally, we see migraines or asthma conditons as the chronic, absent as required, conditions.

Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]

goneal

Thank you so much for the clarification.

Denver

You may want to do some research on IBS - Irritable Bowel Syndrome. I have it too and most literature says it is a chronic condition that can be onset by several things including stress, foods, etc. It is one of those like migraines that is unpredictable as to when and how long.