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Require a doctor's note for intermittent FMLA prior to holiday?
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Require a doctor's note for intermittent FMLA prior to holiday?
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Our company Paid Holidays policy states, "Anyone who calls in sick the scheduled workday before or after an approved holiday will not receive holiday pay unless they submit a doctor's note certifying
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Require a doctor's note for intermittent FMLA prior to holiday?
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Require a doctor's note for intermittent FMLA prior to holiday?
posted at 9/14/2011 8:58 AM EDT
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Posts: 45
First: 12/30/2005 Last: 9/14/2011 |
Our company Paid Holidays policy states, "Anyone who calls in sick the scheduled workday before or after an approved holiday will not receive holiday pay unless they submit a doctor's note certifying the need for sick leave."
Can we follow this policy and require an employee who is on intermittent FMLA to submit a doctor's note when s/he calls out sick (citing FMLA) the day before the holiday? |
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Require a doctor's note for intermittent FMLA prior to holiday?
posted at 9/14/2011 9:08 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
1. If they are out on FMLA there is no entitlement to pay fi not eligible under your sick pay policy.
2. If they claim intermitant leave under FMLA (again unpaid without a note) you can ask for one doctor's note that spells what the intermitant leave requirements are for the condition. I do not think you can ask for one each time they are out since it would be covered by the earlier note. |
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Require a doctor's note for intermittent FMLA prior to holiday?
posted at 9/14/2011 9:15 AM EDT
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Posts: 45
First: 12/30/2005 Last: 9/14/2011 |
1. If they are out on FMLA there is no entitlement to pay if not eligible under your sick pay policy.
*** I understand that with regard to full-time unpaid FMLA, but am unsure what to do in an intermittent situation. There would be no entitlement to pay under our sick policy; however, under our holiday policy an employee will be paid for the holiday if a doctor's note is presented. 2. If they claim intermitant leave under FMLA (again unpaid without a note) you can ask for one doctor's note that spells what the intermitant leave requirements are for the condition. I do not think you can ask for one each time they are out since it would be covered by the earlier note. *** That's what I am thinking, too, but was unsure because of our paid holiday policy. |
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Require a doctor's note for intermittent FMLA prior to holiday?
posted at 9/14/2011 10:01 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Wekiva
Sorry engaged without fully thinking your question regarding holiday pay through. It is a more interesting question than I first thought but my "gut feel" (not always correct) is that the rule about a note should apply equally to the FMLA person if they want the holiday pay. I am looking forward to see what the others think. Howard |
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Require a doctor's note for intermittent FMLA prior to holiday?
posted at 9/14/2011 10:35 AM EDT
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Posts: 45
First: 12/30/2005 Last: 9/14/2011 |
Howard,
My initial thought, too, was that the paid holiday policy should be applied equally to all employees. However, the question was raised because the FMLA does not allow us to require a RTW cert when an employee takes intermittent FMLA. However, technically, this isn't a RTW cert; it is verification that the employee was truly sick on that day. But...regardless of what we call it, does requiring it violate the employee's FMLA rights? I, too, look forward to what the others think. Thank you. |
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Require a doctor's note for intermittent FMLA prior to holiday?
posted at 9/14/2011 11:54 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
That's a sticky one. I do know FMLA does allow you to require the same policies for FMLA as non-FMLA leaves, such as calling in when sick, etc. However, there are re-certification criteria on FMLA leaves that would not allow for intermittent having to recertify, except under very specific circumstances.
You might read through 825.308 about recertifications and see if this specific instance/facts fall into a recert category. "..if an employee had a pattern of using unscheduled FMLA leave for migraines in conjunction with his or her scheduled days off, then the timing of the absences also might constitute a significant change in circumstances sufficient for an employer to request a recertification more frequently than every 30 days..." http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=48d6ee3b99d3b3a97b1bf189e1757786&rgn=div5&view=text&node=29:3.1.1.3.53&idno=29#29:3.1.1.3.53.2.477.3 |
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