From
The KDDK Advantage - March 2006
Intermittent FMLA Leaves
By Tom Magan
Intermittent Family and Medical Leave
Act (FMLA) leaves for chronic serious health conditions
are difficult to administer. The subjective nature of
such chronic conditions as migraines, asthma and back
pain make it difficult to know whether the employee is
truly suffering or merely taking a day off, and management
sometimes feels the employee is taking advantage of this
situation.
It may seem to employers that the FMLA
gives employees the upper hand. If the employee can obtain
a doctor’s certificate stating he or she has a chronic
serious health condition and will need to be off work
from time to time, the employer is legally obligated to
recognize an FMLA leave. The employer may, however, protect
itself to some degree by doing the following:
-
Require
a complete medical certification. Make sure the employee
and doctor provide all required information and that
they understand if inadequate and incomplete information
is provided, the leave may be denied or delayed. Examine
the certification with a critical eye. Ask for more
information when warranted.
-
Send
a description of the essential functions of the job
to the employee’s healthcare provider.
-
Obtain as much information as possible at the time
the employee requests the intermittent leave of absence,
including whether the employee could perform some work.
-
If there is information that casts doubt on the employee’s
stated reason for an absence or for the duration or
frequency of absences, ask for proof that a particular
absence was medically necessary.
-
Monitor unscheduled absences for an increase in frequency,
duration, or such patterns as Mondays or Fridays.
-
Require recertification as often as possible under
the law. This is typically every 30 days, the period
of incapacity stated in the certification, or when the
employee’s conditions have changed. Continue to monitor
unscheduled absences.
-
Use the company’s designated physician to consult
on questionable cases. When appropriate, ask the physician
to initiate contact with the employee’s healthcare provider,
with the employee’s consent, to clarify and authenticate
the FMLA certificate.
In some cases it is advisable to seek a second opinion
at the employer’s expense.
Tom Magan has practiced employment
and labor law for more than 35 years.
<Advice
on Borrowing for Business
In the Balance>
Invasion of Privacy?>>
To Receive The KDDK Advantage>>>
|
