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  • Here is my take: First, if you feel more information is needed you can return the form with such a request. In our case, we would consider consultation with specialists as the first step in the treatment plan. After all, what else can her doctor tell you as far as a treatment plan goes until the specialists involved are consulted? Second, if you have certification from her doctor, you don't have to have it from the specialists. You can certainly seek a second opinion, but that would be on your dime. I would not do so unless I suspected fraud.

    Next I would write a letter to the employee and tell her FMLA has been granted through 6/18. I would ask her to check in periodically to give us updates and to let us know if it turns out she can come back sooner. I would consider the time between 6/18 and 6/28, if needed, an ADA accommodation. For that to occur I would engage the employee in the interactive process towards the end of her leave. The leave form the doctor provided is probably all she needs though.

    Even though you suspect she is trying to milk the system, if you can't prove it you can't act on it. In fact, just seeking a second opinion without grounds can make you appear as if you are retaliating against her for trying to use her legal rights. Believe me, you do NOT want to go there. Remember, she already has an attorney who will be advising her. Don't ask for trouble.

    If you have all her paperwork in order, all you can do is approve the leave and follow FMLA procedures. Her leave is protected by law until 6/18. We have all had employees whom we knew were taking advantage. However, even they are entitled to legal protections. In the end, you save your company more by NOT getting sued.

    Good luck!
  • Thanks Nae.

    At this point, I am not sure what the ADA would be for. She has an office job which is sedetary.

    I did send a letter telling her that her leave would be until 06/18/2013 that is when she sent an email saying STD had approved her through 06/28/13. The letter also stated that if there was further information to consider she should contact us. Thus the second certification that is the repeat of the first.

    The doctor she is seeing is a former employer.

    So how would you follow-up with that.

    SHe has not followed up unless we have contacted her and even though she has been told she is responsible for her insurance while off she has not even taken care of that. I reminded her of that in the letter also.
  • I would send a follow up letter telling her the doctor's form said she could be out until 6/28, but her FMLA is only until 6/18. At that time you will [U]consider [/U]her need to be out further (until 6/28).

    Giving her a week or two beyond her FMLA time to return to work would be considered an accommodation. We allow further time, but we also send a different leave form, along with the employee's job description. Either way, the employee will also need a return to work form to come back.
  • Nae,

    Do you mind sharing the kind of form used? Thanks for your input on this matter.

  • [;725117]??????????????[/quote]

    Your first post! Welcome to the Forum. :welcome:


    PS: Your original post has gone missing, did you delete it?
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