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FMLA - Questionable

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  • FMLA - Questionable

    We have a situation with an employee who has eligibly had a miscarriage two weeks ago. She was due to come back today and then we received a phone call this morning stating that she wouldn't be back until March 1st. She physically brought in the paper work (FMLA) and it just states that she had a "fetal demise" and she will be incapacitated until 3/1/18. She refuses to return the HIPPA release form so I cannot call the doctor to verify that it is actually from the doctor. If I am not mistaken, however, since she will not return that form, I can deny her FMLA leave correct?

  • #2
    confused -- did her doctor fill out the FMLA paperwork or is it just the employee portion? If you already have the doctor portion sufficiently filled out and they verified the time off needed, I am not sure what else you could ask for. You might google "FMLA for miscarriage" and read some of the top articles.

    How far along was she? If further, I could see her needing the time for physical/mental issues that would be covered under FMLA, but not for bonding, etc. Honestly this is not one I would push -- I've never had any miscarriages but do know a lot who have and there can be further physical and mental issues. If you do want to push it, read the following link and see if you have "Sufficient" documentation (and this might be one to pass by legal counsel especially if you are going to deny/terminate) And do you want to be known as the employer who terminates an employee who had a miscarriage?

    https://www.fmlainsights.com/employe...ly-terminated/

    In the end if she refuses to fill out paperwork needed (including HIPAA release), it is my understanding you can deny only after you have documented that to her and allowed her time to correct it.

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    • #3
      No the doctor's portion is completed I am not sure it was really completed by the doctor for one. I know I am going to get blasted for this but 14 weeks seems like an excessive amount of time off for a miscarriage - given the fact that she is in has been seen up and around and there have been issues with this employee to make us believe that she may be gaming the system. I just want to verify that it has actually been signed by a medical professional.

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      • #4
        Originally posted by hrchance View Post
        No the doctor's portion is completed I am not sure it was really completed by the doctor for one. I know I am going to get blasted for this but 14 weeks seems like an excessive amount of time off for a miscarriage - given the fact that she is in has been seen up and around and there have been issues with this employee to make us believe that she may be gaming the system. I just want to verify that it has actually been signed by a medical professional.
        You should be able to call the dr office and verify the form was filled out by the dr. You are not asking the office for protected information but verifying authenticity of the form.

        Comment

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