Required to provide certification for everytime I am out on Intermittent FMLA leave

[OrsonsAngel]

What is the name of your state (only U.S. law)? Florida
I was just recertified and approved. My supervisor was sent a memo that stated that since the doctor left off (which he did not) the freguency of need for Intermittent leave for my own(Serious Health Condition) Chronic Condition, all absences would have to be certified. Nothing in my condition has changed, nor did the paperwork the doctor submitted from last year. The doctor inadvertently left out the duration. The duration is usually 1-2 days (which was written on the form last year) and the frequency is 2-3 times per month. If clarification was needed, shoudn't I have been contacted? Isn't this illegal?

 

[swalsh411]

They can only require certification every 30 days or more. This is commonly referred to as the "30 day rule".

 

[OrsonsAngel]

It gets worse. They falsely reported to my employer that I used 474 hours in the previous calander year. I asked for an audit and it showed that I only used 180 hours, which is still a strech as they counted my vacation time. Then when I questioned the Personnel Head as to why I was being harassed, she stated they were considering recommending me for termination due to my condition. Keep in mind this is the same exact condition I was given FMLA leave for last year with no problems and nothing has changed, nor have I gotten worse. My doctor wrote a note stating I was fit for duty and can perform all of my job functions, except during flare ups, thus the need for the leave intermittently. The majority of the leave that I took was also scheduled!!! What are they trying to do here?

 

[cbg]

What do you mean by, they included your vacation time? If you mean, they charged your vacation bank against some of the time you took as FMLA, they are specifically permitted by the FMLA statute to do that.

 

[OrsonsAngel]

What I mean is that I took annual leave seperate and apart from FMLA to visit family, not for reasons of illness and that it was counted without me knowing it. I also have excellent performance evaluations and have not abused any leave and attendance policies set forth by the Department I work for and have never been disciplined for abusing leave policies, or anything else!!!. My doctor has given them notice that I am fit to perform all aspects of my duties, except during periods of flare ups, thus the need for the intermittent leave---which is usually for treatments. There is a bargaining unit that strictly prohibits what they are doing; ie-threatening to fire me. I am a State employee. Again I am here to ask what do I do??? Isn't this harrassment? I am waiting for a call back from the DOL Wage and Hour Division.

 

[cbg]

It may or may not be considered harassment, but you're going the right direction - the US DOL is the regulatory agency for FMLA violations. I can't speak to what is and is not permitted by your union contract, but counting time you were not sick against your FMLA time is definitely a FMLA violation.

As indicated above, they can ask for medical recertification no more frequently than 30 days. But they CAN send the certification back and ask the doctor to include the frequency.

Note: They MAY count non-FMLA time against you unless specifically prohibited by your union contract.

 

[OrsonsAngel]

Thank you. I asked them to clarify the form with the doctor. The frequency was included, he just forgot to put the duration; an honest mistake on his part. No ill will intended. They sent the "ugly" memo to my supervisor which I was never meant to see. I am a good employee, this is the regional personnel office that is doing the "harrassment", not my actual work place. I was not informed by that office that there was a discrepancy on the form, nor was the doctor. So, we shall see what happens.