Leave for Depression?? Help!
njjel
1,235 Posts
An employee just came to me and said they are having a difficult time with family matters and they are on antidepressants and would like to take FMLA leave. Would you all recommend I just give her the FMLA paperwork and see if the doctor signs them or would you deny the leave?
Comments
That is why so many of us HR types probably qualify!
First, you are not a doctor, so don't even consider diagnosis to be part of your job responsibilities. Second, issuing the forms to request FMLA is part of your administrative duties, so don't worry about issuing them, it doesn't mean that the leave has been granted. Third, I don't know how your policy works, but with our company only an executive officer of the company can approve the leave. My role as HRM is to make sure that all the "T's" are crossed and "I's" are dotted and advise our Exec.'s of what action to take as the situation pertains to the law. Add in HIPPA regulations and your hands are tied as to how much you can investigate the leave. Then after the employee returns you've got to consider any type of disciplinary action taken against the individual in the future (not that you would want to discipline the employee). You don't want to have to deal with retaliation if the condition falls under ADA and you could accommodate or have accommodated in the past for similarly situated employees. These laws are all good things to the American employee being treated humainly by it's employer and with a little optimism, the American employer will have a nice return from it's fairly treated employee as well.
It is possible you could offer an accommodation (reduction in hours, working from home, etc.) Also, I have known an accommdation to be an extension of the 12 weeks leave and it was granted! Don't get stuck in the diagnosis. Not our job.
E Wart