Never done a "real" FMLA before

DB · April 2003

I have only done FMLA for birth of a child so I know the basics, but no details.

Now, an employee did not show up to work on Monday but her sister called at starting time that morning and said that the doctor's office would be faxing something over to me. Due to a delay at the doctor's office (not the employee's fault) the fax made it to me today (Tuesday). The note states

"Ms. X has been my patient since Month, date, Year. Please excuse Ms. X from work until further notice for medical reasons. If you have any questions, please feel free to contact my office."

This employee is one of the best so I don't suspect anything unusual. We are a small office so I have personal concern for the employee but I don't want that to get in the way of doing this correctly.

Even though the note says to call the doctor's office, I hesitate to do that. Some things I don't want to know. For planning purposes, it would be nice to know if her estimated time off is a closer to a week or closer to 12 weeks.

What do I do? Send the FMLA paperwork and see what comes back? Anything else to consider?

Thanks for your help.

deliberator · April 2003

It is the employee's responsibility to get you more information from her doctor. And if the employee is not available, maybe you could contact her sister and let her know what is needed. One of them (either the employee or the sister) should pick up the necessary forms from you and get the certification form to the doctor. The sooner you get the paperwork going the sooner you'll be able to qualify this leave as FMLA without it dragging out into what could possibly be a big mess.

POPEYE · April 2003

You need to have your version of the DOL physician certification completed. As long as you get that and the EE qualifies for entitlement there should not be a problem. If you do not have a copy of the Federal Regulations, I would suggest that you get one. Even though it is very difficult reading, there are some sections that are invaluable tools. Wage and Hour Publication #1419

DB · April 2003

Ok, I've now become concerned since the time that I started this post. I sent the FMLA paperwork on 4/8 and left the sister a message that I was sending it to the employee's home. I called the sister on 4/15 and left a message asking if the paperwork had been received. I've heard nothing since 4/8.

The doctor's note said "until further notice". The employee has 15 days to supply the medical certification (correct?). Is there anything I can do now? Does the "until further notice" clause relieve the employee of need to contact us about anything?

Rockie · April 2003

You really don't know if this is a qualifying event without further information. I would send the employee a certified letter to this effect that you will need further information in order to make a determination as to her FMLA status; otherwise, I would advise her that it would be treated as an unexcused absence. This is a rather vague statement from the physician and I doubt very seriously if you would get a dime's worth of information if you called the doctor's office. Even if you sent the paperwork to the physician, they would still have to get the employee's permission to release any further information about their condition to you.

I've never had a physician put down "until further notice" on an excuse, especially without any supporting information. This situation doesn't smell right to me.

LindaS · April 2003

I agree with Rockie - go the certified route and if that still doesn't force a response, treat is as unexcused and follow your company policy.

DB · April 2003

But if the employee has 15 days to turn in the dr's certification, can I send her the certified letter now or do I have to wait until the 15 days are up?

Rockie · April 2003

I'd go ahead and send it now. At least the employee will know you are taking a look at this and you expect some further information.

System · April 2003

[font size="1" color="#FF0000"]LAST EDITED ON 04-22-03 AT 01:40PM (CST)[/font][p]
Based on the information that was given to you, I would actually start the FMLA with the date the physician gave you. Send the packet certified mail (make sure you keep copies of the completed certified mail receipt and the PS Form 3811). If it is not a qualifying event, you can always retract the mailing and adjust the FMLA allowance. However, if you let it go and she comes back to work before you pursue the FMLA route, you will lose that time and cannot count it against her in the remainder of your FMLA year. Better safe than sorry. I have a letter that I send to employees that I could send for you to review, if you do not have one in place. A lot of ee's are very private about illnesses and that is their right to do so, but proper notification is their responsibility. At least you will have your documentation that you tried and also, you need to state in your letter that the ee has to have a release to return to work. What about benefits? Is the employee responsible for any portion of her benefits? That has to be addressed in the letter too. Let me know if I can help further. Also, any PDO's or sick leave is to be used concurrently with the FMLA timeframe....but this depends on what your FMLA policy states.

Never done a "real" FMLA before

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