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  • inter fmla/work comp

    k back with another ?

    For the past 6 or 7 months i have been on inter-fmla, have not used it that often,,,(cause work comp does not pay when I use it). I recieved paperwork that they now want me to have the work comp doctor fill out the paperwork again. Am i correct in assuming, the paperwork he already filled out is good for a year?

    Thanks!!!!

  • #2
    I'm not sure if you're asking about recertification for continued leave or
    recertification to return to work after leave - I'll answer both.
    FMLA-
    § 825.308 Re-certifications for leave taken because of an employee’s own serious health condition or the serious health condition of a family member.

    (a) 30-day rule. An employer may request recertification no more often than every 30 days and only in connection with an absence by the employee, unless paragraphs (b) or (c) of this section apply.

    (b) More than 30 days. If the medical certification indicates that the minimum duration of the condition is more than 30 days, an employer must wait until that minimum duration expires before requesting a recertification, unless paragraph (c) of this section applies. For example, if the medical certification states that an employee will be unable to work, whether continuously or on an intermittent basis, for 40 days, the employer must wait 40 days before requesting a recertification. In all cases, an employer may request a recertification of a medical condition every six months in connection with an absence by the employee. Accordingly, even if the medical certification indicates that the employee will need intermittent or reduced schedule leave for a period in excess of six months (e.g., for a lifetime condition), the employer would be permitted to request recertification every six months in connection with an absence.

    (c) Less than 30 days. An employer may request recertification in less than 30 days if:

    (1) The employee requests an extension of leave;
    (2) Circumstances described by the previous certification have changed significantly (e.g., the duration or frequency of the absence, the nature or severity of the illness, complications). For example, if a medical certification stated that an employee would need leave for one to two days when the employee suffered a migraine headache and the employee’s absences for his or her last two migraines lasted four days each, then the increased duration of absence might constitute a significant change in circumstances allowing the employer to request a recertification in less than 30 days. Likewise, if an employee had a pattern of using unscheduled FMLA leave for migraines in conjunction with his or her scheduled days off, then the timing of the absences also might constitute a significant change in circumstances sufficient for an employer to request a recertification more frequently than every 30 days; or

    (3) The employer receives information that casts doubt upon the employee’s stated reason for the absence or the continuing validity of the certification. For example, if an employee is on FMLA leave for four weeks due to the employee’s knee surgery, including recuperation, and the employee plays in company softball league games during the employee’s third week of FMLA leave, such information might be sufficient to cast doubt upon the continuing validity of the certification allowing the employer to request a recertification in less than 30 days.
    __________________________________________________ _________________________________

    825.312
    Quote:
    (f) An employer is not entitled to a certification of fitness to return to duty for each absence taken on an intermittent or reduced leave schedule. However, an employer is entitled to a certification of fitness to return to duty for such absences up to once every 30 days if reasonable safety concerns exist regarding the employee's ability to perform his or her duties, based on the serious health condition for which the employee took such leave....



    Quote:
    ...The employer may not terminate the employment of the employee while awaiting such a certification of fitness to return to duty for an intermittent or reduced schedule leave absence
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      You're welcome for the information re FMLA.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Rear-ended; what did the original doctor's certification say? If it was open-ended, that's one thing, but if the original certification says that you'll need the time for, say, six months, then it is NOT good for 12 months, it's only good for six.
        Last edited by cbg; 12-02-2011, 05:30 AM.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Also if the note says that you won't be out more than once a month and you are out more, then they can ask for clarification.

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          • #6
            I started to ask that cbg & when paper work was last completed but then I
            thought rear-ended should know when paper work was last completed &
            what it said. I posted the FMLA rules. However, I probably should have
            asked. It's possible rear-ended may have to get current paper work from dr.
            It's possible the rules were misunderstood.

            rear-ended, do you want to furnish us with the information asked for - thanks.

            Betty3
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment

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