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FMLA and Kidney Stones Illinois Indiana

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  • FMLA and Kidney Stones Illinois Indiana

    Facts
    Employee Scheduled Monday - Friday, straight 40 hours
    Employee calls off Monday and Tuesday because of Kidney stones
    This is the first time a call off ever for kidney stones from this employee
    Employee returns to work on Wednesday and submits the hospital's documentation verifying she was in the hospital to pass a kidney stone.


    Is this time off (2 days) covered under FMLA?

    My thoughts, yes becuase of :

    (11) SERIOUS HEALTH CONDITION. The term "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves
    (A) inpatient care in a hospital, hospice, or residential medical care facility; or
    SOURCE
    Last edited by Judson50; 04-06-2011, 12:18 PM.

  • #2
    If the employee was hospitalized then yes, it is FMLA.
    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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    • #3
      Originally posted by ElleMD View Post
      If the employee was hospitalized then yes, it is FMLA.
      So if they were given "Discharge Instructions" from a the emergency room of a hospital this is covered?

      Now, what if they were discharged on Monday but took Tuesday off?

      Also, are follow Up visits for this covered under FMLA?

      Comment


      • #4
        1. Was the employee an inpatient? If yes, then it is FMLA.

        If they just went to the ER in lieu of their family doc and were sent home without being admitted, then no, it is not FMLA. You need to find out if the employee was admitted.
        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.

        Comment


        • #5
          Follow up visits may be covered if it was FMLA. If there is more to the story and this is just part of a more serious health condition requiring multiple visits to doctors, then it would be FMLA.

          Bottom line, give them the paperwork and 15 days to get it completed by the doctor and see what it says. You can speculate all day but if it is best to wait until you have more facts if it isn't straight forward.
          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.

          Comment


          • #6
            So if they were given "Discharge Instructions" from a the emergency room of a hospital this is covered?

            No. An ER visit is not at all the same as being admitted to the hospital.

            Now, what if they were discharged on Monday but took Tuesday off?

            Did the employee have a doctor's note saying they were unable to work on Tuesday? If not, then the employee took the day off on their own volition. Even if the doctor's note said "unable to work Monday and Tuesday," that still doesn't make this FMLA.

            Also, are follow Up visits for this covered under FMLA?

            Follow up visits are uncommon unless the individual has a severe case of kidney stones that may have to be "pulverized" (I forget what the procedure is called) or surgically removed. For most people, you get a kidney stone, it hurts like heck, you pass it in a couple of days, and then it's all over. Problem solved.

            Based on what you have shared, no, this is not FMLA. It was just a visit to the ER with two days of absence.

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