FMLA and H.R.

[Rene2129]

What is the name of your state? CA

I work in the HR Department of a company. I have an employee who has requested FMLA for her pregnancy. She has submitted a written notice from her doctor. I have heard rumors she is not pregnant and is trying to just take time off from work. Can I call the dr on the dr's note to verify this? Or does HIPAA not allow me too?

 

[Beth3]

Actually, the FMLA says you can't do this. What you have to ask yourself is (a) why you are thinking the rumors are true and (b) why her doctor would falsify the information?

I say you leave the situation alone and rely upon what you received from her doctor.

 

[Beth3]

Sorry...I was interrupted by the phone.

The FMLA provides that the employer's doctor may contact the employee's doctor for additional information or clarification but the employer may not call the employee's doctor themselves regarding the FMLA certification.

Give the employee the actual FMLA certification forms if you haven't already and tell her she needs to have her doctor complete them. You needn't go on just a note if you don't wish to. But I wouldn't start responding to unfounded rumors, especially in this case. Again, it's highly unlikely her doctor would falsify that she was pregnant just so she could take some time off work. He or she worked hard to get that medical license - they're not going to jeopardize it over something like this.