Medical Certification
Can Employees Be Disciplined When They Exceed the Frequency or Duration on Their FMLA Medical Certification?
One of the biggest headaches for employers when administering FMLA leave is how to deal with the employee who exceeds the frequency or duration identified on the employee’s medical certification. Nearly all of these situations involve intermittent leave, which is the type of leave most frequently abused by employees.
Take, for example, Joe, who suffers…
Employer’s Lack of FMLA Compliance in Handling FMLA Leave Request is a Lesson for the Rest of Us
Want a glimpse into a world where an employer fails to maintain a legally compliant leave management process? Let me warn you — what you are about to read is not pretty and not for the faint of heart.
The Facts
Rachna was a resident physician at St. Vincent Health Center. She also had a…
It’s March 2015. The DOL’s Model FMLA Forms Expired Just Days Ago. Now What?
On February 28, 2015, the DOL’s recommended FMLA forms expired. And on March 1, the sun still rose in the east. Life, as we know it, forged on.
It’s anyone’s guess as to when new FMLA forms will be issued, so in the meantime, I’ll hold off on belting out, in true Steve Martin fashion …
The Best of 2014: Sending FMLA Notices by Mail/Email, Requiring Doctor’s Notes for Intermittent FMLA Absences Among Most Popular Posts This Year
It’s the final week of the year, so while everyone else in the world is playing with their latest version of iPhone and other new electronic gadgets, I spend my time analyzing this year’s FMLA blog posts and agonizing over how I can deliver the FMLA to your virtual door in an even more efficient…
What Employers Can Learn from Physicians When It Comes to Administering the FMLA
Earlier this month, I took one for the team. And I survived.
I had the privilege of presenting to a number of employers and health care providers at the annual “Impairment Without Disability” conference, an event sponsored by Mayo Clinic which brings physicians and employers together to share their common knowledge, experiences and…
FMLA FAQ: Can an Employer Require a Doctor’s Note for Each Intermittent FMLA Absence?
Over the past few weeks, I have had the pleasure of presenting on complex FMLA issues for attorneys and HR professionals attending several seminars sponsored by the National Employment Law Institute (NELI), which puts on some of the best employment law seminars in the country (my session, of course, being a drag on their success!).…
FMLA FAQ: Can an Employer Designate FMLA Leave When an Employee Refuses to Provide Medical Certification?
I received a ton of feedback last week in response to my post about whether an employee can decline FMLA leave even though the absence qualifies under the Act. One question, in particular, was thrown at me repeatedly, and it went something like this:
In our workplace, when an employee doesn’t want to take
…
Can an Employee Insist That the Employer Pay for FMLA Medical Certification?
Let’s put our heads together on this one. You see, it appears as though far too many employees have bought into the notion that their employer is always responsible for the cost of obtaining medical certification to support an FMLA-related absence. Case in point: just last week, a client called me for help after one…
Happy Festivus…uh, I mean, Happy Holidays…and a Happy New Leave Year!
Many years ago, on December 23, Frank Costanza introduced Festivus to us. Whether it was the Airing of Grievances, Feats of Strength, or the aluminum pole, yet another Seinfeld episode had us in stitches.
Although we introduced no similar creative holidays on the blog this year, we still hope we brought a chuckle as we…