HR Management & Compliance

Hard-Core Line on Intermittent Leave Gets Results

It takes a lot of time and effort to deal with family leave issues, especially intermittent leave, says HR Manager Barbara Dahlen. Her pragmatic approach works, although she says she’s “not the most popular person” in her workplace.

Dahlen says she’s “not a lawyer and doesn’t play one on TV.” But she is an HR manager who has practical solutions for FMLA hassles. Dahlen, who works at Bellefontaine Habilitation Center, made her remarks at a recent SHRM conference.

Don’t Accept Vague Certifications

“Don’t accept vaguely worded certs,” Dahlen says. For example, one says, “Not presently incapacitated, needs to transport patient to cardiology appointments 2-3 times a year.” “That leaves me open to the person calling in any time they want and there’s nothing I can do about it because of the way the approval is written. It should have been written ‘Approved to take the person to appointments 2-3 times with prior notification of those appointments.'”

Another cert reads: “Unable to determine due to episodic nature of condition.” This is not acceptable, Dahlen says. If the caregiver has been treating the patient, he or she should be able to tell you how many episodes per month and how many hours for each episode. “Send these vague forms back and ask for additional information,” Dahlen says.

Be Specific

When you certify, be specific and use dates, Dahlen says. For example, if leave is starting on 9/13/10, for a week, state, “Approved for 9/13/10 through 9/17/10 only. Absences beyond the dates approved will require additional paperwork.”


Master all the ins and outs of the California and federal leave rules—including intermittent leaves—with our brand-new HR Management & Compliance Report, How To Comply with California and Federal Leave LawsLearn how.


SASE—A Small But Effective Gesture

When you return a cert that is incomplete or insufficient to the physician, list the specific questions that are incomplete (e.g., “Questions 3, 5, and 7 are incomplete or insufficient.”). Be as specific as possible, Dahlen says. “Tell the doctor ‘unknown illness time’ is not an answer; you need to be more specific.” Give the doctor 7 days to return the completed cert.

Always send a stamped, self-addressed envelope with anything you send to the doctor. She has not had one doctor not return forms, Dahlen says.


Learn how to master all the ins and outs of the California and federal leave rules—including intermittent leaves—with our brand-new HR Management & Compliance Report, How To Comply with California and Federal Leave Laws.


Several Handwriting Styles on the Cert

Dahlen notes that HR managers are often put off by seeing different people’s handwriting on the cert. It may not seem authentic. But what she has found is that often the nurse starts the paperwork, the clerical staff finishes it, and the doctor signs it. When she encounters evidence of multiple handwriting, she calls the doctor’s office, reads what’s on the cert to them, and if it’s consistent with what’s in the file, it’s OK.

As her annual certs have come up for renewal, Dahlen is ratcheting the approvals back. One went from 480 hours to office visits every 3 to 4 months. Another went from 4 weeks’ leave to 4 days’ leave.

In tomorrow’s CED, we’ll get more tips from Dahlen and the story of Bristol, the FMLA abuser. We’ll also tell you about a brand-new, comprehensive resource for California employers that answers all your questions about FMLA, CFRA, and everything else leave-related.

 

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