Employee Medical Leave Certification Form

We have a policy that states that if identified as a sick leave abuser, an employee must provide a completed Employee Medical Certification Form for each and every absence from work due to medical reasons. This form contains a section which gives the employer permission to contact the attending physician; also requires that the physician state the diagnosis, whether the injury or illness is work related, indicate medications and treatment prescribed, asks whether the physician feels that the employee is incapacitated from doing any kind of work, and requests return to work dates and provisions, ie. limitations etc. This form is also for all medical leaves, as well as return to work statements following absences from work for medical reasons for periods in excess of 3 days.
We have been advised by one of our unions that this is not allowable under the ADA. I would appreciate any comments. Also it would be of interest to hear how other companies/ agencies' request medical information and the forms they use. We do not allow dr.'s script notes. Thanks

Comments

  • 11 Comments sorted by Votes Date Added
  • I don't know how ADA would prohibit this, but, I know HIPAA and FMLA apply here. My suggestion is to avoid discussing anything with an ee's personal physician. I know you are entitled to some detailed information under FMLA but I have never gone there for a regular sick day. What is the purpose? Is it to discourage this practice by penalizing the ee with a bill for a doctor's visit? I would just go by the pattern established by the offender and terminate based on that if they are playing the system (your absenteeism policy). Please stay away from conversations with physicians.

    Good Luck!!!
  • We use the physician's hand written excuse form. We do contact the physicians office to verify habitual users of medical excuses. We also have a solid attendance policy which allows for the termination or rather the cancelation of the employer/employee working relationship for to many excused absences. The "piglets" just don't seem to appear in this old world without we humans being in attendance. Regardless of the physician's excuse or the court's excuse or the school mom's excuse one must be and one is expected to be present to work! Pork
  • It would be appreciated if this matter could be re-visited as I have had another challenge our practice of requiring medical information of our employees at time of request of leave of absence, disability, workers compensation, return to work or at times to verify even a single day of absence for some employees who have been known to abuse sick time, etc.
    Thank you- if anyone would like, I could fax them the form to review and comment on.

  • Can anyone comment further as to how they handle matters such as these in their organization? Also, what info is on the medical forms they use for medical leaves of absence, disabilities, workers comp etc.
    If desired I can fax copies of our form for you to examine and comment on.
    The real issue is what is allowable to ask for when you have employees seemingly abusing sick time or taking time off due to injury or illness to verify the legitimacy of sick leave use or time off.
  • I'd like to see both forms (fax 480-837-9469), and also any policy information you may have on how you identify a sick leave abuser.
  • The details requested in the form mentioned probably do run afoul of the ADA and the FMLA. How do you decide who is an abuser -- probably someone who uses lots of leave -- so it will be someone on FMLA or someone with a disability, who your company will target for extra scrutiny. That does not sound good.

    The FMLA has a specific form for certification (you can get it on the DOL website). If the doctor fills it out, FMLA should be granted. If the company does not believe it, there is specific procedure in the regs for getting a second then a third tie breaking doctor's opinion. I don't think the courts would allow this alternate procedure, when the rules spell out what to do.

    Under the ADA, I think all you should request is whether the employee has a condition that limits a major life activity, and whether the employee can do the essential functions of his or her job with or without reasonable accomodation.

    This may require getting some specific information from the doctor about what the employee can and cannot do (how can the dr say he or she is incapacitated, if the dr does not know the employee's job duties?). But the detailed information your company is requesting seems a bit unnecessary and harassing. So what if the doctor give you all the medical information, you are not a doctor, you don't know what it means. And any presumption you make will lead you afoul of the law.

    In short, there is really no benefit from having additional medical information about someone. How would you feel if you went to the doctor, brough info to your employer, then it called up the doctor and questioned him in detail about you. Not Good.

    Good Luck.
  • Great advice Theresa!!!! Also, remember that what you do for one EE SHOULD be done for all. I too would like to know what your policy says as to how to determine if someone is an abuser.
  • Our Attendance Policy deals with "abusers" in the following manner (this does not count for FMLA qualifying conditions):

    Employees receive "points" for each absence up to a certain amount in a rolling year. Twice during a calendar year an employee can present a slip from a physician which will excuse them for the days specified by the doc.. Once they are out of them, they receive the points unless the condition qualifies as FMLA.
    For absences not FMLA qualifying, we accept the doctor's notes.

    The other thing to keep in mind is that under FMLA a specific diagnosis is not needed, only the medical facts supporting the certification. In addition, once an employee has been approved for intermittent leave, you CANNOT require a medical slip each time an employee misses work. An example would be approving an employee for migraines then requiring a doctors slip each time they missed due to a migraine.

    My suggestion would be to institute an Attendance Policy (it you don't already have one) then stick to it. Make sure employees utilizing FMLA are not penalized under the policy and treat all employees the same. In my experience once a policy is in place, it doesn't take too long before the "abusers" either shape up or end up terminated in accordance with the policy.

  • Our bigger problem wasn't the employee who would be covered by FMLA. The real problem was with employees who are sick for a day or two (bad cold, flu etc.) and don't see a doctor. We have an attendance policy that we strictly enforce. Sick and personnel days are now lumped together. Basically, each period (1 day or more) that an employee is absent counts as a point. After 8 points are accumulated, we give a written warning and then suspensions. There are exceptions (jury duty, military service, FMLA, blizzards etc.) that are clearly spelled out. Since we have put in this policy, attendance has improved dramatically (particularly on Mondays and Fridays during the summer).
  • How do you make the determination of excused absences due to blizzards? Do you go according to school closings or use some other way to determine? We also have excused absences for weather and usually go according to if the schools are closed.
  • We too may require a doctor's statement from an employee who has established a pattern of misuse/abuse of sick leave. It is not hard to determine who these employees are. It's easy for someone to call in almost every pay period and use up thier sick leave balance as fast as it accrues. By requiring the doctor's statement, our intent isn't to burden the employee with a medical bill but to deter them from further misuse/abuse of thier sick leave. It never fails, but these are the same employees who want to take advanced sick leave when a legitimate reason comes up! As far as contacting the doctor or using a particular form, we don't do that. Just a note from the doctor identifying the illness.
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