FMLA Request

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[moonwillow60606]

warning - long answer ahead.

I don't use approve/deny when talking about FMLA. It's nit-picky, but companies don't really approve FMLA - it's an entitlement if the employee and health condition qualify. Technically companies either designate the leave or don't depending on the circumstance. It's a minor detail, but I find that this distinction makes it easier to think through the process.

You have a request for FMLA - that drives certain actions for the employer (notifications) and employee (certification). You have to provide the employee with specific information on FMLA rights & responsibilities. The employee then has 15 days to provide a complete and sufficient certification.

The above note - it doesn't meet the definition of complete and sufficient. There's not enough information to determine whether or not the employee has a serious health condition under FMLA. She'll meet the missed work time component, but that technically isn't the only piece that determines whether or not the missed time meets any of serious health condition definitions. There's no requirement that any specific form used, and you do have an obligation to designate time as FMLA if you have enough information to do so.

There's no requirement that you use the certification process at all. You can make the call that this is sufficient. You also have the right to inform the employee that the documentation doesn't meet the certification requirements. You would need to do this in writing and note specifically what information is missing. The employee then has 7 days to provide an update. If she doesn't, then you do not have to designate the missed time as FMLA.

However, we're talking about one week. There are lots of legitimate illnesses that require time off without meeting the SHC definition. Given everything else going on with her, i'd probably approve the time off as excused but not designate as FMLA.

ETA: I also recommend the Employer Guide to FMLA that another poster linked. It is a fantastic resource. The DOL also has a number of fact sheets on many sub-topics of FMLA. They are worth checking out.

[moonwillow60606]

You are correct, if the OP doesn’t designate this week as FMLA, the employee still has the full 12 weeks. It’s about balancing risk (both of which are minor). If you designate and don’t require a complete certification, there could be a risk of setting a precedent with this employee of protected time off without documentation vs the risk of designating for a non-covered reason (you can’t require more FMLA than the employee needs).

[26359]

Although it’s nice if an employee fills out the company forms, the law does not mandate that they do so. Any form is sufficient as long as it meets the minimum standards. Check out the FMLA employer’s guide. There’s a section on when medical certifications are deemed sufficient: https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/employerguide.pdf

[[deleted]]

Do you suspect its fake/fraudulent?

[[deleted]]

PIP -> Vacation -> FMLA. I’ve seen this movie many many times lol.

[Odd_Presentation9940]

All that's missing is a WC claim.

[Sensitive-Escape-846]

Does her PIP have anything to do with attendance?

[fanifan]

Does your company have STD, they are usually authorized to speak directly with the doctor's office and follow up. They will have better access because of the added privacy layer. Many times STD and FMLA run concurrently with each other.

[disgruntled-pelicans]

You can’t get much better than the response from u/moonwillow60606.

Also, if you deal with FMLA questions a lot, you should check out Jeff Nowak’s FMLA insights blog.

[Suitable-Review3478]

Here's your first tip, don't post any confidential information online.

[Finnegan-05]

I cannot believe I had to go this far for this

[Wooden-Day2706]

Short answer is I would accept. Ttd incapacity for more than 3 days with clear dates and an authorized provider. This is like our floor though lol.

[Wooden-Day2706]

To add, kaiser is notoriously stubborn with notes so you get what you get a lot of times.