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FMLA-Serious Health Condition
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FMLA-Serious Health Condition
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DOL Regs specify some of the conditions which do and do not qualify under the definition of "serious health condition." Illnesses such as the flu, bronchitis, etc. are examples of illnesses that are c
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FMLA-Serious Health Condition
posted at 6/23/1999 8:41 PM EDT
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Posts: 4
First: 6/23/1999 Last: 8/13/1999 |
DOL Regs specify some of the conditions which do and do not qualify under the definition of "serious health condition." Illnesses such as the flu, bronchitis, etc. are examples of illnesses that are cited as non-qualifying. However, in our organization, there are those who believe that if an employee has an illness, even the flu or bronchitis, and goes to the doctor to get a prescribed medication, then the illness become qualifying. Under this philosophy, every illness that a doctor might prescribe something for, even a bad cold, could qualify. Where do we draw the line?
embattled fmla administrator |
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FMLA-Serious Health Condition
posted at 6/24/1999 5:13 AM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
The key "phrase" is "Ongoing treatment"; the procurement of prescription drugs for non-serious conditions do not make the condition "serious" and, as such, are not covered. A few refills, or a 2 week follow-up visit for a non-serious situation is not the same as a treatment regimen for a serious condition.
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FMLA-Serious Health Condition
posted at 6/24/1999 5:53 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
Dear Em (or would you prefer the more formal "Embattled");
Drawing the line between legitimate FMLA events and that nasty cold and flu season is not always easy. Face it, I do not think it is ever easy. Because each event turns on its own facts, the best bet would be to put in place a policy which offers FMLA leave to employees who might be eligible for it (3 consecutive days or more and/or periodic absences which fit into a patterm are good alarm bells). Whenever you detect an employee COULD be FMLA eligible, send them a notice saying you may be FMLA eligible and we would be happy to consider whether you are if you fill out these forms (certificate of health care provider). (You can conditionally grant FMLA leave while waiting for the forms to come back.) If the certificate comes back within the time proscribed and it otherwise complies, give them FMLA (I would make them use paid leave as part of FMLA so they gain no "extra" time rights). If the forms do not come back or come back wrong and the employee does not "cure" that defect, then deny the employee the FMLA leave. |
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