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Dr. Note/ Intermittent FMLA Indiana

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  • Dr. Note/ Intermittent FMLA Indiana

    I have a little conflict here.

    I believe at one time, I have been told that you can not ask for a doctor's note everytime someone uses their intermittent FMLA. The only thing you can do is request a recert no more than every thirty days. So, if an employee goes out for a a migraine 3 intermittent days each month, all you could do is recert and that is only if there is a change. So what do you do if their cert says 3-4 intermittent days a month and the condition is listed as lifelong?

    I called my corporate office, who says that they require the person to bring in a note each time. When I mentioned I didn't think that was legal according to the regs, they said that they have been doing this for the last 8 years and that no one has questioned it.

    I don't feel comfortable "going along" with their process. I believe that may be infringing on an employees FMLA rights. Can someone show me the specific area in the regs or an opinion letter that will help me build my case on why we can't do this?

    I gave them examples of the pregnant expecting mother with morning sickness or the employee with a migraine that has been given medication to use during the onset of the condition, but they still seem to think they are correct.

    I expressed to my employer that I could be held personally liable for violating their rights and that there could potentially be major fines associated with it. He wants to get a "handle" on the FMLA here and said we'd do what we have to do. Can anyone also give me an idea of the weight of the fines that come with a violation.

    Perhaps if I come back with an answer and a dollar figure, they will be more willing to listen to me.

    Thank you for all your help.

  • #2
    You can ask for a recert every 30 days. You can also ask for a doctor's note for each absence but only if it is necessary for administration of a sick leave policy. I other words, if FMLA were not in the picture and a note would be required for sick leave use, it can be here too http://federalfmla.typepad.com/fmla_...er-may-re.html
    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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