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An FMLA question.
posted at 10/10/2012 11:18 AM EDT
on Workforce Management
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Posts: 1
First: 10/10/2012 Last: 10/10/2012 |
Forgive me if this has been asked previously. Is an employer allowed to request a doctor's slip every time a person leaves early for the day under FMLA? I thought an employer cannot do that if a person is under FMLA without taking a chance of going into dangerous territory? Please advise. |
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Re: An FMLA question.
posted at 10/10/2012 2:29 PM EDT
on Workforce Management
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Posts: 144
First: 9/21/2011 Last: 2/8/2013 |
In Response to An FMLA question.: Forgive me if this has been asked previously. Is an employer allowed to request a doctor's slip every time a person leaves early for the day under FMLA? I thought an employer cannot do that if a person is under FMLA without taking a chance of going into dangerous territory? Please advise. Thank you for the help. Posted by JDSwartz There are specific time frames where a recertification can be required, especially if the need doesn't match the previous certification. But otherwise, I agree with you that the employer is asking too much. From SHRM: " No. An employer cannot require a physician's note every time an employee misses work. According to the FMLA regulation 825.308, if an employee is on FMLA the employer can only ask for recertification every six months as long as it coincides with an FMLA related absence. There are some exceptions to this rule allowing for recertification to be requested earlier than six months. The first exception is when the employee requests an extension of leave. If there is an adjustment to the end date of the FMLA leave, you can request documentation of this change from the employee's physician. The second exception is when circumstances described by the previous certification have changed significantly (e.g., the duration of the illness, the nature of the illness, complications). For example, suppose the medical certification form you have on file for the employee states the employee will need time off work once a week for treatment, but the employee now is requesting time off under FMLA twice a week for treatment. The current certification is not accurately reflecting the current needs of the employee, and the employer can request a recertification from a physician to verify the need for the additional treatment each week. The third exception is when the employer receives information that casts doubt upon the continuing validity of the certification. This allows the employer to verify or refute evidence that an employee may be abusing his or her FMLA rights. Keep in mind that the employer wants to step cautiously here this statement does not give the employer the right to request documentation every time the employee misses work, but it does allow the employer to request an update on specifically how often and for how long the employee needs time off of work for FMLA treatment. Therefore, although your company policy cannot require employees to provide doctors notes for each day they miss work under FMLA, you will want to include a statement that the company can require regular or as necessary recertification for pregnancy, chronic or intermittent leaves of absence covered under FMLA." |
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Re: An FMLA question.
posted at 10/17/2012 2:47 PM EDT
on Workforce Management
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Posts: 1
First: 10/17/2012 Last: 10/17/2012 |
Would I be mistaken in stating that if your company has an attendance policy that requires any excused absence to be covered by a doctor's note that can also encompass FMLA absences? I worked for a company that required that. It also helped us differentiate when it was a FMLA absence or just an absence for personal business. |
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Re: An FMLA question.
posted at 10/17/2012 4:56 PM EDT
on Workforce Management
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Posts: 3
First: 10/17/2012 Last: 1/18/2013 |
In Response to Re: An FMLA question.: Would I be mistaken in stating that if your company has an attendance policy that requires any excused absence to be covered by a doctor's note that can also encompass FMLA absences? I worked for a company that required that. It also helped us differentiate when it was a FMLA absence or just an absence for personal business. Posted by ChereneB Understanding the rules for "recertification" in the response above, is it impermissible for the employer to require a medical statement (e.g. Joe Blow had an appointment on X date from X hour to Y hour) as a means of documenting the amount of interrmittant leave usage under FMLA? And to distinguish FMLA intermittant leave usage from anyother form of leave? (jmgstlouis) |
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Re: An FMLA question.
posted at 10/18/2012 3:58 PM EDT
on Workforce Management
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Posts: 144
First: 9/21/2011 Last: 2/8/2013 |
Yes, First, the court recognized that interpretation of the FMLA requires a careful balance between employees’ medical needs and the legitimate interests of the employer. It acknowledged that in order to protect the employer’s interest in verifying that an employee’s leave is actually necessitated by an FMLA qualifying reason, the employer is entitled to know the reason why the employee needs the FMLA leave and to support his explanation with a CHCP form.... Steps Employers Can Take to Verify FMLA Absences An employer with a reasonable suspicion that an employee is falsely reporting FMLA time can take action to try to verify the absence. Do not use the doctor’s note tactic, but try one or more of the following actions: • Call the employee at home to verify that he or she is in fact at home as claimed, whether for rest, recuperation, incapacity to work, or other reason. • Speak directly with the employee to verify or clarify any information previously provided by the employee with respect to the questioned absence. • If the absence was for a medical appointment, call the provider to verify that the employee appeared for the stated appointment. (Note: Do not request any further medical or other information from the provider.) • Question co-workers who report having seen the employee partaking in activities during the absence that do not fit the employee's claimed FMLA condition or restrictions. In extreme cases, the employer can engage surveillance of the employee. This will rarely be justified by the circumstances" -- http://www.reedgroup.com/documents/ReedGroup_Q2_2011_FMLA_FINAL.pdf |
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