There’s not much more annoying than FMLA medical certification. You finally get the employee to turn it in, and it’s useless: “May need to stay home sometimes” or “Employee shouldn’t lift too much.” What to do!
In Yesterday’s Advisor, we talked about new challenges posed by the FMLA. Today we tackle one of the most annoying parts of the existing law—getting medical certifications out of casual employees and reluctant doctors—and we’ve got an audio conference to get your program running smoothly.
You Have Rights
First, know that you have the right to request medical certification from employees seeking FMLA leave, but this gets messy more often than not. The questions that make it so are these:
FMLA medical certifications a hassle? Get them under control! Find out how at BLR’s June 17 audio conference FMLA Medical Certification … What’s Allowed, What’s Not, and the Best Ways to Stay Proactive and Compliant. Can’t attend? Preorder the CD. Satisfaction assured. Click for info.
▪ What sort of information can you ask for?
▪ Can you require certification in some cases but not others?
▪ What if the doctor’s response is vague?
▪ What should you do when an employee refuses to provide you with the information
you’ve repeatedly asked for?
▪ Is it ever OK to contact the employee’s doctor on your own?
If you answer any of these questions wrong—even if your mistake is innocent—your organization could be on the hook for both a costly lawsuit and severely damaged employee morale.
Here are the keys to dealing with this challenge:
1. Clarify the Certification Requirements
Through policy, training, and handouts be sure that every employee is aware of your procedures for handling leave requests before they request leave. The medical certification requirement should be clearly spelled out so it’s just a routine part of the process, not some extra burden that you’re putting on sick or stressed employees.
2. Communicate the Consequences of Failure to Submit
Make clear to all employees the consequences of failure to provide timely medical certification—that their leave status is threatened if they do not respond and get certifications as required.
3. Set Guidelines for the Administrator
Set clear and detailed guidelines for the person administering FMLA notices and certifications: what to send, when to send it, and how long to wait before sending a reminder. Prepare forms and form letters for all common circumstances.
4. Follow Up Vigorously
It’s easy to send a request and then forget it, but you can’t do that with medical certification requests. Set up a tickler system and follow up diligently.
5. Get Educated on the Process and How to Make It Work
There are many resources to learn certification in detail. Our own FMLA Guide is one. But we’ve found one of the most effective educational media is the audio conference format.
For that reason, we’d like to recommend our upcoming June 17 session titled, FMLA Medical Certification … What’s Allowed, What’s Not, and the Best Ways to Stay Proactive and Compliant. Two experienced employment law attorneys will cover all the ins and outs of the process, and answer the questions above. The 90-minute program will include an extensive Q&A following the formal presentation, in which your specific e-mailed or phoned-in questions will be answered in real time.
FMLA medical certifications a hassle? Get them under control! Find out how at BLR’s June 17 audio conference FMLA Medical Certification … What’s Allowed, What’s Not. Click for details or to sign up
The date is June 17, 2008. The time, 1:30 pm to 3 pm (Eastern time—adjust for your time zone). As with all BLR audio conferences, one fee trains all the staff you can fit around a conference phone, so bring everyone who deals with FMLA administration. Your satisfaction is assured or you get a full refund.
What if you can’t attend on that date? Preorder the conference CD. For more information on the conference and the experts presenting it, to register, or to preorder the CD, click here.
Can and employer ask an employee to submit a doctor’s note when they call in sick one day? And can an employer ask or advice the employee to buy medication and return to work? When can an employer ask the employee to submit a doctors note when sick? this is for a non-excempt employee.