Need some replies on FMLOA!!!!!!

[frani810]

What is the name of your state? Live in PA and Work in NJ

I need some information on the intricacies of how an intermittent loa for chronic illness is perceived under the fmloa. I am being told by my employer that as an "employer" they can investigate/evaluate me to see if I am fit for duty to work an 8 hour day. They are tying this in to the attendance policy relative to the times when I call in sick.

I am not an abuser; and my medical history and chart are being delved into and discussed with my boss. I perceive a breach of confidentiality. As an understatement, my boss and the administration are trying to find a way to work around the fmloa's on file.

I really need to hear from somebody on this and would appreciate any and all responses.

One of the purposes of the fmloa that we are educated on is that the condition is supposed to be confidential. Also, if you get sick and call out due to the chronic illness, it is not supposed to be a mark on your attendance record.

Are we being misinformed by the HR department, and is there hidden stuff in this act?

 

[Beth3]

You need to obtain FMLA certification paperwork from your employer, you and your doctor need to fill it out, and you need to apply for intermittent FMLA. If your medical problem meets the definition of a "serious health condition" under that law and your doctor certifies that it will cause you to be periodically absent from work, then that's the way the FMLA works.

I am not an abuser; and my medical history and chart are being delved into and discussed with my boss. I perceive a breach of confidentiality. Your medical history and your chart? How is it your employer has access to that information? Do you work in a medical setting where you also receive health care?

As an understatement, my boss and the administration are trying to find a way to work around the fmloa's on file. Since we can't know exactly what the situation is and what they're doing, it's not possible to say whether anything unlawful is taking place.

One of the purposes of the fmloa that we are educated on is that the condition is supposed to be confidential. That's a matter of company policy, not the law.

Also, if you get sick and call out due to the chronic illness, it is not supposed to be a mark on your attendance record. If the absence falls under FMLA, that is true.

Are we being misinformed by the HR department, and is there hidden stuff in this act? I don't know what HR Is telling you so I can't say. There is a ton of information on the internet regarding the FMLA. It's easy enough to do some research.

If you have not applied for FMLA for the absences you are referring to, you need to do so right away.

 

[frani810]

I am not an abuser; and my medical history and chart are being delved into and discussed with my boss. I perceive a breach of confidentiality. Your medical history and your chart? How is it your employer has access to that information? Do you work in a medical setting where you also receive health care? Yes, I work in a healthcare system comprised of two hospitals. There is an employee health department. I am being told that they are starting to scrutinize the fmloa's on file and give people a hard time about them. That information came from the HR department. The hospital's stance is that "as the employer" they have a right to do this.

As an understatement, my boss and the administration are trying to find a way to work around the fmloa's on file. Since we can't know exactly what the situation is and what they're doing, it's not possible to say whether anything unlawful is taking place. Co-workers (management and staff alike) get pissed off when the fmloa people call out sick or take periods of sick time. The management and staff perceive this as a "get out of jail ticket" so the fmloa people don't get written up. They seek justice. The concensus is that the fmloa people are lying and there is no way to tell. Therefore, based on this, they set me up for an appointment of "investigation" which now they are referring to as a medical evaluation follow-up. The appointment was presented to me "out of the blue" as "I am being investigated."

One of the purposes of the fmloa that we are educated on is that the condition is supposed to be confidential. That's a matter of company policy, not the law. Actually, in the healthcare field, we are falling under some very stringent HIPAA regulations. This could be why they tell the employees that the conditions are to remain confidential.

 

[Beth3]

There is an employee health department. I am being told that they are starting to scrutinize the fmloa's on file and give people a hard time about them. That information came from the HR department. The hospital's stance is that "as the employer" they have a right to do this. Yes, an employer does have the right under the law to scruitinize an employee's certification paperwork/request for FMLA and determine whether it meets the criteria for FMLA leave.

Actually, in the healthcare field, we are falling under some very stringent HIPAA regulations. This could be why they tell the employees that the conditions are to remain confidential. Absolutely a health care provider is subject to stringent HIPAA requirements. But those requirements apply to patient records (including your patient records if you are treated there) but they do not apply to FMLA paperwork and medical information provided by you as an employee to your employer (doctor's notes, disability insurance forms, leave of absence requests, and so on.) Those are "employee records" not medical records but even so, a wise employer treats those records confidentially as a matter of company policiy.

If human resources and/or your supervisor are actually helping themselves to your patient records without your permission, then there definition is a violation of HIPAA and patient confidentiality laws but there is nothing in your post to indicate this is actually happening.

Therefore, based on this, they set me up for an appointment of "investigation" which now they are referring to as a medical evaluation follow-up. The appointment was presented to me "out of the blue" as "I am being investigated." An employer has the right to require an employee to see a medical provider of the employer's choosing if they have concerns about the legitimacy of the employee's request for FMLA. If this doctor's opinion is different than your own doctor's opinion on your medical condition/status, then the law allows you and the employer to obtain a third medical opinion from a doctor you both agree on and that opinion will be binding.

I can't speak to your individual situation of course but I can tell you that many employers are frustrated as heck with the amount of intermittent FMLA abuse they're seeing. I've seen it myself - an employee calls in with a "migraine" and says they're taking intermittent FMLA that day and then is seen out lunching and shopping. I'm not remotely suggesting that is what is happening here - just that experience may dictate that your employer has a good reason to review intermittent FMLA situations very closely.

 

[rmet4nzkx]

Since you have so many posts re this going back to 2002 predating HIPAA, that information would be helpful, this is a ongoing problem of looooooong duration. Working in the healthcare field your employer has a duty to protect their patients' health as well, being able to adequately staff their facilities is very important. FMLA can be easily manipulated to cover attendance problems as opposed to actually being used for valid medical issues.