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Suspicious leave request

RangerRanger 39 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I think I know my options, but would like forumites' opinions -- sorry this is so long.

EE was on medical leave for 6 weeks this summer (motorcycle accident). He's been back to work for a few months. Suddenly, he says he needs to be off again to "finish recuperating" from his head injury. He asked for 12 weeks, then changed to 6 weeks when I told him he gets only 12 weeks total per year. Certification forms returned to me today -- #4 checked (chronic conditions requiring medical treatment), but doctor also states ee is not incapacitated and does not require additional treatments. Doctor further says "expect resolution of symptoms in a few weeks". EE leave request is asking for 6 weeks off (surprise!) beginning October 10. His doctor is a PHD in neuropsychology at a well-respected medical clinic.

Should we send him for another opinion? Company expense? Anything else?

This ee is a little strange anyway, but seems to be acting a little more strange since his accident.
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  • 7 Comments sorted by Votes Date Added
  • GenoGeno 184 Posts
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    "Should we send him for another opinion? Company expense?"

    Yes, and yes.
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  • KiwiKiwi 107 Posts
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    I would send him for another opinion. And make sure that Dr isn't a bow hunter.
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  • CJinNMCJinNM 21 Posts
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    I'm sensitive to this issue because my husband suffered a traumatic brain injury over 20 years ago and still has ongoing ramifications from it. In his case, the full extent of the damage wasn't diagnosed until 10 years after his accident! Your employee's doctor's cert. doesn't make sense...he checked chronic condition requiring treatment, then indicated no medical treatment? I would talk to the employee and ask him if he's having difficulty performing his job. If he is, then suggest he go back to his doctor for further evaluation since he feels he needs additional time off. Head injuries are extremely complicated - can effect cognitive ability, memory, personality, just to name a few - and if you send him to a different physician at your expense, you could be buying a hefty medical bill.
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  • Balloonman1Balloonman1 253 Posts
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    He's been back to work for a few months. Suddenly, he says he needs to be off again to "finish recuperating" from his head injury.

    Kiwi is probably right.......check the hunting seasons. Sounds like he is fine, just knows he can get time off............ Pay for the second opinion.....

    My $0.02 worth....
    The Balloonman
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  • RT2RT2 27 Posts
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    I haven't had time to research this myself, but at a recent HR seminar I attended, the FMLA presenter said you can ask the employee to have his doctor clarify the certification when it doesn't tell you enough for you to judge whether the condition qualifies for leave. Your instance seems a prime example of that!

    Anyone ever do this?
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  • RangerRanger 39 Posts
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    I thought I'd let everyone know what happened. After talking to our employment attorney, I denied leave based on conflicting information on certification form. Ee called me this morning and asked for more information. I explained that his doctor had conflicting info on the form. He then said he's having unrelated surgery on October 10 and will be out for several weeks and will return with restrictions. He also wants to try again to certify his concussion. He said he wants it approved "for the record". I wished him well on his surgery and told him to bring in a return to work note with or without restrictions regarding the surgery.

    Go figure.


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  • atrimbleatrimble 327 Posts
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    "Chronic condition requiring treatment" goes on to state "by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider." Getting treatment from the neuropsychologist may not, in the physician's mind, qualify as MEDICAL treatment. The employee could be scheduled to receive psychotherapy instead of surgery or physical therapy, etc. If the need for psychotherapy can be directly correlated to prior brain damage (the correction of which qualified for FMLA protection), then the subsequent psychotherapy could also qualify for FMLA protection. Typically psychotherapy comes in small repeat treatments, but this physician could have prescribed a two week in-patient "retreat" for intensive analysis and testing - and treatment, of course. With half-day treatments for the next month.

    I know, I'm grasping at straws. But it could happen.

    Of course, I'm now posting this after the employee has requested leave for a different reason, so...
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