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FMLA and displinary action

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wildandpeaceful

Junior Member
PA. I originally posted a question on the Union forum and Beth answered it like this.


If you are on approved intermittent FMLA, then your employer cannot require you to bring in a doctor's note every time you are absent to care for your mother. Your employer can, however, require you to file FMLA recertification paperwork every 30 days.

Your employer does have the right to go by exactly what the doctor has stated in the FMLA paperwork and if it only cites scheduled appointments, then they can limit approved FMLA to that. That seems pretty petty to me though, unless they feel you've been abusing your intermittent FMLA privileges. (Or more likely you have a fair number of co-workers who have filed for intermittent FMLA and your employer is indeed seeing a lot of abuse from others so they have "cracked down" on everyone.)

If your employer is insisting on doctor's notes for absences that clearly fall under the FMLA certification you've already filed, then that is indeed a violation of the law.

To summarize my question: I am on intermitten FMLA to take care of my mother. I have been written up for lateness even though when I called on these dates that I was gonna be late due to a FMLA issue (takin my mom to appointments). I am grieving this. My certification states that I am approved to to care of my mother and take her to doctors appointments. (it says this exactly). It also says the management reserves the right to request a physian note for each FMLA Qualifying Absence. Beth answered and said this was a violation however, I may have not explained that I have been late to work and that my certification stated that they may request a doctors note. Now on the days in question when I was late and told them it was FMLA, no one asked for a doctors. I am assuming that is why the are writing me up. Due I have a case? My delegate has been doing alot of research at the Department of Labor and has found that intermittent leave is for scheduled and unscheduled leave and that if an employee submits a complete crtification signed by the health care provider, the employer may not request additional information from the employees health care provider (29 CFR 825.307 paragradph a). Does this mean the same as asking for a doctors note? My delegate spoke to a Union Representative and they basically said that the employee should bring doctor's even when they are on FMLA intermittently. Please help with the confusion. My grievance hearing is probably sometime next week. Thank you

Thanks for the help
 


Beth3

Senior Member
My delegate has been doing alot of research at the Department of Labor and has found that intermittent leave is for scheduled and unscheduled leave and that if an employee submits a complete crtification signed by the health care provider, the employer may not request additional information from the employees health care provider (29 CFR 825.307 paragradph a). Does this mean the same as asking for a doctors note? Yes.

My delegate spoke to a Union Representative and they basically said that the employee should bring doctor's even when they are on FMLA intermittently. I would not rely upon a union representative to be familiar with employment laws.

The only question I have is whether bringing proof that your mother had a doctor's visit is the same as requiring you to bring additional verification each time you take intermittent FMLA leave (which violates the Act.) I suggest you skip relying on your union reps to sort this out for you and contact the federal DOL directly and ask them: 202-693-4650.

It also says the management reserves the right to request a physian note for each FMLA Qualifying Absence. I don't care if your employer wrote that in gold leaf on the certification form and had it notarized - it's still prohibited by the FMLA.
 

LSchmid

Member
Actually, Beth, I have to disagree with a portion of what you said. The FMLA DOES allow for medical verifications of absences AS LONG AS the employer does the same for those that are out on non-FMLA related absences.

On another note, the employer DOES have a right to require a 30-day advance notice when the need for leave is foreseeable. In the original poster's statment they state they they are calling in late due to the medical appointments. Are these appointments scheduled in advance or are they "lat minute" type situations. If they are scheduled, the employer has the right to deny the leave in absence of the 30-day notice.

So, in answer to the original post, the employer may or may NOT be in violation of the FMLA with their policy. It all depends on what the physician certified and what the policies are for the remaining employees.
 

wildandpeaceful

Junior Member
FMLA and discplinary action

PA. on the days that i have been late, they were appointments that "ran over" in time. ex: the appoint might be scheduled for 12 pm and i have to be at work at 3:30 and i don't get out of the doctor's till 3:30. i call and let them know i am late due to FMLA and then, there are occasions when they are emergency doctor's appointments, i.e. i call the doctor and they say bring her in now.

my doctors wrote on the "practioitioner's certification form" "taking care of patient (then he wrote the medical problems) pt needs transport to hospital weekly for INR. now sometimes if we go to an apointment and her numbers are not good then i might end up being late cause she might end getting hospitlized etc. the doctor checked of that it would be necessary for me to work intermittetnely. he also checked of a box that said"if leave is required for care of the employees family member with a serious health condition, does the patient require assistance for basic medical or personal needs or saftey or for transportion?" now i also filled out another form that said "practioitioner's certification form" but this form is to be filled out by the employee. "to be completed by the emplmoyee if requesting leave to care for a family member. describe the care you will provide and estime the time period during which the care will be provided. if possible, include a schedule if leave is to be taken intermittently, or if it will necessary for you to work less than a full schdule:" i wrote, responsible for mothers complete care. sole means of transportation to and from appointment to doctors/hospital. it has been advised that someone is with my mother around the clock due to the medice prescribed for her illness.

based on that, the HR department sent me a recertificaiton letter which stated the things i said in the previous post including "this approval is to care for and to take your mother to doctor's appointments". i assume "care for" means to care for, i.e. take her to appoinments scheduled and unscheduled. please help.

also you stated that the The FMLA DOES allow for medical verifications of absences AS LONG AS the employer does the same for those that are out on non-FMLA related absences. first, of all these are not absences they are lateness and according to DOL, CFR section 825-205 says "only the amount of leave actually taken while on intermitten/reduced schedule leave may be charged as FMLA. employees may not be required to take more FMLA leave than necessary to address the circumstances that cause the need for the leave." that sounds like lateness as well. at my job, no one is required to bring a note for lateness. we have not fault attendance. i hope this helps with the answer. my grievance is monday. thanks
 

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