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FMLA and serious health condition Kentucky

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  • #16
    So let me see if I understand this:

    1. Employee must miss MORE than 3 days.
    2. Employee must go to the doctor at least two times within 30 days.
    3. Even for a chronic or intermittent condition such as asthma or to be off for chemotherapy treatments, the employee still has to be off more than 3 days origionally?

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    • #17
      There's also intermittent FMLA, which can be used to cover irregular absences to treat a chronic condition (i.e., migraines are a common use of intermittent FMLA). I would go ahead & let the employee submit the paperwork to you and see what the doctor says about any possible future absences, especially after the 2nd doctor visit. If the back pain flares up again, you then have a basis for allowing your ee to take time off to seek treatment or rest.

      If you do end up designating the original 3 days as FMLA, I would first confirm that the ee is okay with that. Send an email and wait for a response, or have them sign a memo to that effect. There shouldn't be any harm to the ee in doing so, but the regs are very specific about not making retroactive designations unless there is no harm to the ee, and you want to make sure the record reflects the ee is aware of the designation of those days as FMLA.

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      • #18
        Actually the employee asked for the days to be FMLA. Getting them to sign something is a great idea. I only gave them the medical paperwork.

        I guess my question is, on a chronic condiditon, does a person still have to meet the definition of a "serious health condition" and miss more that three days? I guess I could see where it is feasible that a back problem could be chronic.

        On the medical paperwork, the doctor indicated that the employee is unable to perform any of their job functions for the time they were out. Under "Will the condition cause flare ups periodically preventing the employee from working they put "maybe".

        What I am afraid of is that I have heard of employers having an "epidemic" of FMLA once a chronic condition such as migraines or the like is covered for one employee. I fully desire to comply with the law but sometimes other employees get upset when one person comes in with a backach and does his or her job while the person next to them is on intermittent FMLA for a backache or something similar.

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        • #19
          People use/abuse intermittent FMLA might quickly find themselves out of PTO, since most companies run any available PTO concurrently with FMLA.

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