"HR is all about gray areas, and the - from FMLA in the Trenches: Advanced Tips and Tactics for Administering Problematic Leaves of Absence keeps painting things gray like nothing else."
You know Amanda down in Accounting? The one with the chronic back problem? Her doctor finally faxed in her . She's going to need physical therapy twice a week, and she can't work on any day when she suffers a spasm. The thing is, the doctor doesn't know when those will happen, or how many there will be, so he just wrote "unknown" in the blank and prescribed time off "until the episodes stop." That's it.
So ... now what? Is that even a real certification? No firm diagnosis, no dates? And what do you do about Chuck, the construction worker who missed a few paychecks during the eight weeks he had to take , so he's become overly anxious to come back, limping and in visible pain—but insisting he's fine because he can't afford not to fudge the truth?
In an August webinar, attorney Michelle Maslowski of Ogletree Deakins shone a spotlight on Act edge cases that reveal what a puzzle this law can be ... and then provided answers.
Amanda's case shows the importance of getting a clear FMLA certification from a doctor.
Chuck's example brings up the issue of how to accommodate a returning employee when there may be more to his condition than he claims.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Remind employees: They must continue to pay health insurance premiums while on FMLA
- Document why you denied FMLA leave request
- Termination meetings must include civility, easy exit
- If business takes a turn for the worse, do we still have to hold job after FMLA?