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  • FMLA Alabama

    I have an employee who had his FMLA papers completed. He has a habit of missing alot of work. His FMLA says the beginning and ending periods of incapacity are 2/11 through 2/25. However under "probable duration of condition" is says "two weeks plus ongoing treatment."

    It lists he is on prescription medication and the FMLA is for Anxiety and insomnia.

    I guess I am wondering if it says "plus ongoing treatment" if he calls in from now on and just says he is going to be out I might have to consider it as FMLA? This is an off shift employee.

  • #2
    If I could take FMLA for insomnia and anxiety, I'd be off for the next three months...

    You don't necessarily have to treat every absence henceforth as qualifying for FMLA. You can ask the doctor for clarification (i.e., does this condition happen once a week? twice a month?). I know people with FMLA for migraines, for example, their certification indicates that they average X number of debilitating migraines that necessitate an absence from work. If his absences exceed the estimate, then you can request re-certification from the doctor. "Ongoing treatment" implies regular doctor's appointments (perhaps counseling?). You can request that the employee schedule them to minimize their impact (i.e., first thing in the morning, late afternoons).
    I am not able to respond to private messages. Thanks!

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    • #3
      Agree. You need to get clarification as to what "ongoing treatment" means as far as anticipated absences. Right now the only dates which are covered are the ones listed for February. If the cert form doesn't say intermittent absences should be expected other than ones for treatment, then no other absences are covered. If the employee insists that a particular day is for a qualifying reason, he needs to get a new cert completed. Assuming that any absence is FMLA qualifying without a vertification form to back it up is very risky.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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