Fmla/fla

[Telkwa]

Washington State

This isn't really a union issue, but I work under a contract. I have some questions about the Federal FMLA and Washington State FLA. Have done basic homework.

My father (in California) just lost his wife of 53 years a month ago. He thought things were going to be OK but he admitted that he's "lonely". He goes in for surgery in a week for a hip replacement repair that didn't go exactly right. My wife (she works for the same employer) and I want to stay with him for a week or so when he gets home. We're worried about how he's going to heal if he's depressed and lonely.
My employer told us that my father and his doctor need to fill out a three page form (they gave us two copies), or at least get his doctor to state in a note that he needs "help" or "care" for the next few weeks.
I just don't envision the doctor taking the half hour or so to fill out the long-winded form.
But my father is willing to ask the doc for a note.

Does anyone know what exactly would have to be included in a doctor's note? I know the FLA doesn't define a minimum standard for an acceptable note or excuse. The FLA says basically that whatever the company can require of me for my own illness they can require for an FLA leave. The only requirement I know of is that they want the doctor to specifically state "unable to work", not just "can return on such and such a date". Obviously, this is different.

So, here's the scenario - an 80-year old man who just lost his wife, is getting the third hip repair (expected to be out of hospital after overnite stay), and will be unable to get around for at least a week.
We're willing to drive to California to help him but we need to make sure the employer can't find fault with the doctor's note.

Would appreciate any guidance.

Thanks!

[momm2500]

[url]http://www.dol.gov/esa/whd/fmla/[/url]

[LSchmid]

The FMLA form your employer gave you is most probably the federal FMLA form, which is about 3-4 pages long. The employer has the right to require that you have the need for your FMLA leave medically certified.

The form, if it is the federal one, does NOT require that the entire form be completed, just those that apply. For the family care portion, there are about 4-5 questions to answer - should not take more than 10-15 minutes. If the doctor does not provide the information verifying that you need to take care of him, the employer has the right to deny your request for leave.

In short, if your 80-year old father is left alone to care for himself after surgery because you refuse to ask the doctor to fill out a simple form, that is your problem as it was your decision to make.

BTW - physicians and other health care providers have been completing these forms since 1993 - this is nothing new and most can do it quite quickly.

[Telkwa]

Hello again, and thanks for the replies -
My father's doctor didn't mind filling out the paperwork. The doc faxed it straight to HR and we stayed with him for a week.

I knew that wouldn't be the end of it. Company sent us a letter which seeks to establish a record of workdays that were taken off under FLA/FMLA. They're counting six work shifts off as a span of ten days, and trying to include some days that my wife took off a month earlier as plain old sick leave (she has a doctor's excuse) as part of the FLA time off for my dad.

So, some more specific questions:
- When the law says you have 12 weeks in a 12 month period (FLA), or 12 weeks in a 24 month period (FLA), do you count up actual shifts taken off? We work 12 hour shifts. Do we have to take five shifts off to count as a week, or is it based on 40 hours, or something else entirely?
- I don't think the laws give the company leeway to say "this was FLA/FMLA". That's up to the employee, isn't it? I'm under the impression they've done this to several employees, telling them which days off are FLA, not the other way around.
- And what's the difference between the Washington State FLA and FCA? I just realized this evening they're not the same thing!!