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FMLA Abuse?
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FMLA Abuse?
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Here's another interesting one:
We have a custodial employee who was injured on the job on April 1997. She was locked in an elevator for 1 1/2 hours and had been covered under workers comp for post t
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Forums » Topic Forums » Legal Forum » FMLA Abuse?
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FMLA Abuse?
posted at 6/24/1999 9:28 PM EDT
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Posts: 4
First: 6/23/1999 Last: 8/13/1999 |
Here's another interesting one:
We have a custodial employee who was injured on the job on April 1997. She was locked in an elevator for 1 1/2 hours and had been covered under workers comp for post traumatic stress, severe headaches, etc. In the summers of 1997 and 1998 she was granted FML for 3 week each time, for treatment. She has again applied for FML. Workers comp benefits have been denied and her disability rating is 0%. However, her doctor's statement states she is unable to work while receiving therapy. In speaking to her I've learned her therapy consists of 3 hours of "massage therapy" 3 times a week to relieve stress and tension headaches. The clincher is that she receives therapy from 11 am to 2pm. Her work hours are 4pm to midnight. I don't understand how her therapy makes her unable to work since her work hours are not affected. How far can I push the doctor in getting this clarified? We're not getting much cooperation from him or the employee (who seems to like yearly 3 week vacations in the summers). Your input is appreciated. |
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FMLA Abuse?
posted at 6/28/1999 4:05 AM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
The FMLA regulations require leave be granted for a physical or mental condition that involves a "period of absence to receive multiple treatements (including any period of recovery therefrom) by a health care provider ... for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment...." Section 825.114. Has the doctor opined on the extent to which the employee would be incapacitated in the absence of her therapy? |
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FMLA Abuse?
posted at 6/28/1999 8:47 PM EDT
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Posts: 4
First: 6/23/1999 Last: 8/13/1999 |
We received an updated medical cert today, which states incapacity to work through 8/15/99. Her treatments end 7/2/99. The diagnosis now is "post traumatic stress disorder, depression, headaches needing comprehensive treatment. . . likelihood of further deterioration of symptoms without appropriate treatment." She is undergoing "multidisciplinary pain management." It looks like we have to grant FML unless we missed something. What do you think?
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