Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Iowa dr leave related to FMLA

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Iowa dr leave related to FMLA

    I live in Iowa and I have FMLA and since my compnay does not have an HR person all requests for FMLA and leave associated with it go to my Department Director. This makes me uncomfortable since as my Division Director she has the ability to deny the FMLA requests and sees the information my doctor provided. When requesting time off, I can indicate it is FMLA but I also have to state whether it is for a doctor's appointment, unscheduled illness, etc. The line for the scheduled doctor's appointment require that I put in the time of the appointment and the location of the appointment. When I list the town of my appointment in the location area, it is never good enough and my Director requires me to list the name of the doctor I will be seeing (the line says location not provider). I live in a very small area and most people would know just by the doctor's name what I am being seen for, such as a psychological apppointment, gynocology appointment, etc. I know that other directors in this organizaation only require the town the appointment is in just to ensure they are not taking an entire day off of work for an appointment that is local. I feel like my privacy is being violated and she is abusing her power. Do I options or do I have to put up with it? It really bothers me to have to list the doctor I am seeing since they cant call that doctor to verify whether I was even there or not due to HIPPA. I know they can ask for a "doctor's note" but that is between me and the doctor and not my doctor and employer and I really feel violated by her insistence on this information and uncomfortable that she has so much access to my FMLA information. Suggestions?

  • #2
    Generally HIPAA doesn't the employer cover FMLA related absences and information regarding those. Usually the paperwork the employee signs gives the employer access to ask questions. The employer is allowed to choose who runs their FMLA program and is allowed to ask for enough specific information to make sure it is an FMLA-related reason. Whether they can get as detailed as a specific doctor would be the only question I see here.

    You can only be required to re-certify as stated below-- note this was written to HR professionals so the "you" is the employer/HR.

    "Recertification of conditions certified as lasting less than 30 days. If the original medical certification indicates that the minimum duration of the condition will be less than 30 days, you may request recertification of the condition every 30 days in connection with an absence.
    Recertification of conditions certified as lasting more than 30 days. If the original medical certification indicates that the minimum duration of the condition will be more than 30 days, you generally must wait until the minimum duration expires before requesting recertification in connection with an absence. In all cases, you may request a recertification every six months (even if the original certification indicated the minimum duration is greater than six months) in connection with an employee’s absence...
    The FMLA allows you to request recertification more frequently than every 30 days or inside the “minimum duration” period when:
    1. the employee requests an extension of leave;
    2. circumstances described in the previous certification have changed significantly (e.g., an employee has a pattern of using unscheduled FMLA leave for migraines in conjunction with her scheduled day off); or
    3. you receive information that casts doubt on an employee’s stated reason for the absence or the validity of the certification (e.g., an employee who is on FMLA leave for four weeks to recover from knee surgery plays in a company softball league game during her third week of leave)."



    From the DOL " Q: Can my employer make inquiries about my leave during my absence?

    Yes, but only to you. Your employer may ask you questions to confirm whether the leave needed or being taken qualifies for FMLA purposes, and may require periodic reports on your status and intent to return to work after leave. Also, if the employer wishes to obtain another opinion, you may be required to obtain additional medical certification at the employer's expense, or recertification during a period of FMLA leave. The employer may have a health care provider representing the employer contact your health care provider, with your permission, to clarify information in the medical certification or to confirm that it was provided by the health care provider. The inquiry may not seek additional information regarding your health condition or that of a family member."


    While FMLA doesn't have a confidentiality section like ADA does, most companies hold to a high standard on FMLA-related information. It's just unfortunate that you work directly for the person who is responsibile in your company. If you feel you are being retaliated against due to using FMLA time, you can always file a complaint with the DOL.
    Last edited by hr for me; 03-07-2013, 09:29 AM.

    Comment

    The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
    Working...
    X