FMLA - Uncooperative Doctor

genhr

EE requested FMLA for medical treatment, chemotherapy. Originally doctor stated "not incapacitated, will need sometimes a day a week to recuperate from treatment". Employee continued working with no time off.
Then in August she stated the doctor recommended her work part time due to fatigue. I asked for doctors note, his response was "any consideration would be appreciated". When I called the drs. office requesting specific information, I was told the dr. would not give more information.
Her last appt. in Sep he just states "return to work light duty" no other details.
We have allowed her to work part time, but I am concerned that FMLA will be abused.
Any suggestions?

NeedCoffee

Perhaps a second opinion at the company's expense? It is within your rights as the employer to request one.

LindaS

I would put together a letter to the EE and inform them that they are required to obtain specific information regarding total amount of hours she can work in a week, define light duty and provide the length of time the above would be in effect. If the doctor refuses to provide the requisite information, remove the EE from work until you get specifics.

genhr

I would love to do that, but that's scarey. I've been in ligation before and ex-plaintiff is a close friend.
It seems these days employers need to walk on egg shells. People have become "lawsuit happy".

C Wilson

You are certainly within your rights to request a second opinion. Having dealt with cancer patients, I know that it is not uncommon for fatigue to become an issue as chemotheraphy progresses. I would tell the employee that I need more specific information from the doctor. However, I would continue to allow the employee to use FMLA as needed, unless I received documentation from the doctor to the contrary.

LindaS

My post was not meant to suggest that the EE is lying about her situation but the issue at hand is what the EE can and cannot do. If you do not require the doctor to be specific regarding the hours the EE can/cannot work and what type of "light duty" the EE can/cannot do, you are hurting not only yourself but the EE as well.

Sometimes you have to be strict with these doctors to get the information you need to be able to assist the employee properly.

The other option you have is to remove the EE from work completely until the doctor provides the information. You do not have to sit idly by and let the doctor call all the shots.

If you are uncomfortable with refusing FMLA at all, meet with the EE and inform her that without specific information regarding the amount of hours she can work and what type of work she can/cannot do, you cannot allow her to work at all. This may then prompt her to become more forceful with her doctor to provide the information. Once she runs out of FMLA, if it goes that far, you would need to determine what next step to take but if you let this EE get away with coming and going as she pleases, doing what she wants as she pleases without documentation, how are you going to enforce anything with other employees in the future? You need to remember the precedent you are setting each time you make these types of decisions.

stilldazed

My position would be to agree with LindaS. And as for the fear of litigation, litigation is a potential outcome in every HR issue. Not trying to sound cold hearted, but litigation is a very real part of HR work. As a devil's advocate, you have a responsibility to all of your organization's workers to manage FMLA consistently. In trying to avoid litigation with this particular employee, you may find yourself in litigation with a different one who alleges discriminatory practice.

Best wishes.