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FMLA - Intermittent Leave Connecticut

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  • FMLA - Intermittent Leave Connecticut

    Question - I have been approved for intermittent FMLA leave and have been in a position to use this for therapy and doctor's appointments this entire year. The VP, Human Resources at my employer was recently let go this week, now my team leader is requesting that I provide an appointment note or script for each of my doctor's appointments going forward. By the way - I KNOW she has only required this information for MY FMLA - no one else in the department has she requested this from.Is this ok for her to do, eventhough I have already provided medical certification and have been approved for intermittent leave though my HR Dept? I have no desire for her to be aware of what kind of doctor's I'm going to see and their locations - which I feel violate my privacy since I work in an hospital. Please advise...if I'm being overly sensitive and too private and am wrong - I will bite the bullet and have my physician provide an appt card for all my appt's going forward.

  • #2
    I believe your employer can only ask for recertification of your leave every 30 days.

    Wait for someone else to come along and give you a more concrete answer.

    Comment


    • #3
      How much time have you already taken, and what was the original approval for?
      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.

      Comment


      • #4
        I have a total of 16 weeks - I have already taken 7 weeks and MAYBE 72 hours of intermittent leaves. The original approval was for full FMLA leave 7 weeks and then after that intermittent leave for drs. appointments for a duration of 6 - 9 months (it has only been 4 months) approved through Human Resources. She's not looking for recertification - I believe she's looking to try to verify my drs. appointment are real reasons to leave the office.

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        • #5
          It is my understanding that there are 3 types of "paperwork" used during FMLA. Certification, re-cert, and "fitness for duty" (return to work) notes. Our HR director was asking for the later for every day of inter. FMLA, which violates 825.310 (g).

          Your situation sounds very similar to ours. I pointed out the 3 types of paperwork to HR, then asked which type she felt the requested note was. When she said "fitness for duty" I mentioned 825.310 (g).....you might try that

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          • #6
            Here is the email I received from my team leader regarding any future intermittent drs. appointments I have scheduled:

            Sharon: Pl bring me the appt card (or note on script) for this FMLA appt. As these appts continue, pl bring in same for each appt as it is made. Thank you.


            Is this a violation and if so - who do I call since the VP of HR who helped me with this situation has been let go? Remember - I have already been approved for intermittent leave and have approximately 8 more weeks left.

            Thank you.

            Comment


            • #7
              I would start by speaking with HR, asking about the "notes", and mentioning that you were never req'd to provide them previously. If "they" are insistent that you MUST bring the notes you could mention the law (reg actually, 825.310 (g)). My experience has been that once they say "because I said so" all meaningful dialoge is over.
              I hope your HR is far more receptive to questions......

              You could next call your DOL district office and ask them about the situation. The DOL/WHD (wage and hour division) is the entity which has "authority" to enforce FMLA statute and reg's

              Comment


              • #8
                My understanding is the employer should ask for recertification as appropriate when on intermittent leave but should be no more often than every 30 days.
                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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                • #9
                  I would definitely speak with HR. The supervisor has no reason to know "what" you are being treated for. I can understand the supervisor asking to be advised of appointment times so they can arrange the work around it but not an appointment slip. Speak to HR, the supervisor may not be familiar with the legalities of FMLA.
                  Amateurs built the Ark, Professionals built the Titanic

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                  • #10
                    Technically, just asking for an appt. card is probably not recertification which can be asked for no more often than every 30 days. (That's not what recert. is - it's more than just an appt. card.) The appt. card is just letting the supervisor know when you will be out. However, I don't know why the supervisor won't just accept your verbal notice that you will be out as long as you give proper notice. Maybe you could ask your dr. to write a note that you definitely need these times off & don't believe it's necessary that you provide your employer with your appt. card every time you need to take off or just contact the DOL if you can't get it settled through HR. I don't believe the supervisor should be asking for appt. cards every time you are off since you already submitted certification originally.
                    Last edited by Betty3; 11-01-2007, 01:53 PM. Reason: add info
                    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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