Physician won't sign FMLA

[Tweedledee8976]

I'm currently visiting my dad in Jacksonville Florida. Him and my stepmom were in a car accident leaving him paralyzed and my stepmom did not make it. He's currently in a rehab center to help re-gain independence and come to terms with everything. While he's there, I've been caring for my younger siblings. My job has been extremely supportive, and has given me paid time off to be with my family. I live 4 hours away, and plan to get a bigger house and move my family back near where I live so I can resume work. To have time to do this, my HR supervisor granted me FMLA and it needs to be filled out by the primary care provider.

I gave it to the physician, but him, and his supervisor don't feel the need to sign it. Because he's in a 24/7 clinic where he can be attended to, and after his rehab I opted to have an in-home care provider, they don't feel like it's necessary for me to take an FMLA, if I only need time off to watch my siblings and find a new place-especially since my dad will be well cared for and that stress is taken off of me. While I understand their viewpoint, it's a little frustrating because it's an emotional situation for me as well, and I'm having to readjust my lifestyle to make sure my younger siblings and my dad are ok. Is there anything I can do? I've considered quitting my job for the time being because this is more important than going back to work, but I didn't know if there was a way to around this, or if my HR supervisor could change their opinion (He WILL try)

 

[PayrollHRGuy]

There is nothing you or really anyone else do that will make a doctor sign the FMLA form. Have you talked to your employer about allowing non-FMLA time off?

 

[xylene]

Is getting a second opinion an option?

 

[xylene]

Are the children you are caring for, do they have a doctor to help them deal with the trauma?

 

[Zigner]

Perhaps your company will accept a certification of some sort given by the staff at the facility?

 

[cbg]

FMLA is the one situation where the doctor gets to tell the employer what to do. If the doctor does not think FMLA is warranted, there is nothing anyone else can do to force him to sign.

Your employer is able to grant you as much leave, paid or unpaid, as they like; it does not have to be FMLA to be valid. But they cannot designate it as FMLA unless the doctor agrees it is warranted.

 

[Zigner]

But they cannot designate it as FMLA unless the doctor agrees it is warranted.

Wouldn't that depend on the employer's policy? The employer isn't actually even required to obtain a certification.
(I'm getting this from "The Employer's Guide to The Family and Medical Leave Act" published by the Wage and Hour Division of the U.S. Department of Labor)

 

[xylene]

FMLA is the one situation where the doctor gets to tell the employer what to do. If the doctor does not think FMLA is warranted, there is nothing anyone else can do to force him to sign.

Your employer is able to grant you as much leave, paid or unpaid, as they like; it does not have to be FMLA to be valid. But they cannot designate it as FMLA unless the doctor agrees it is warranted.

I am understanding you 100% with what you are saying, but who specifically is 'the doctor'

 

[PayrollHRGuy]

Wouldn't that depend on the employer's policy? The employer isn't actually even required to obtain a certification.
(I'm getting this from "The Employer's Guide to The Family and Medical Leave Act" published by the Wage and Hour Division of the U.S. Department of Labor)

I believe the wording is "may require". I advise all clients to "require" and the employer's FMLA policy I use defaults to "require" simply to remove the possible discrimination issues that could arise from requiring one employee to have it signed by a Dr. and another not.

 

[Zigner]

I believe the wording is "may require". I advise all clients to "require" and the employer's FMLA policy I use defaults to "require" simply to remove the possible discrimination issues that could arise from requiring one employee to have it signed by a Dr. and another not.

A fair enough position

 

[Taxing Matters]

I believe the wording is "may require". I advise all clients to "require" and the employer's FMLA policy I use defaults to "require" simply to remove the possible discrimination issues that could arise from requiring one employee to have it signed by a Dr. and another not.

I agree. It is generally better to follow a policy consistently rather than give one employee a break that another does not get for the very reason you mention: it opens the door to possible claims of illegal discrimination. There may be unusual circumstances that arise that justify departing from the policy, but those should be well documented to ensure that the reasons for the departure are something other than illegal discrimination.

 

[quincy]

Are the children you are caring for, do they have a doctor to help them deal with the trauma?

Tweedledee, I am so sorry to hear about the accident that seriously injured your father and killed your stepmother. Both your father and younger siblings are fortunate to have you caring for them during this difficult time.

xylene has asked a good question. If the younger siblings are under a doctor's care (for stress or trauma related reasons), would the doctor(s) caring for them be able to sign the FMLA form? The father is not the only one who was harmed by the accident and in need of attention.

 

[cbg]

That's a good solution if the other doctor will do so.

 

[HRZ]

Get a different more understanding doctor to compete the paperwork and do so promptly .

 

[laurakaye]

Get a different more understanding doctor to compete the paperwork and do so promptly .

I even wonder if your own doctor might sign it. Very understandable that this is affecting your mental health and you need time to deal with it.