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If you have doubts about FMLA eligibility, don’t hesitate to seek a second medical opinion

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in FMLA Guidelines,HR Management,Human Resources

Back in August, we told you how a federal court had dismissed a case involving a woman who had taken her child out of day care for the summer and asked for FMLA leave so she could care for him until school started. (See “School’s out for summer! But the FMLA doesn’t cover day care”.)

Now the same court has reinstated the lawsuit after taking another look at the facts.

Recent case: UPS employee Veda Stroder’s 4-year-old son was enrolled in a day care center run by the Greensboro school system. The school system provided him with twice-weekly, 30-minute speech therapy sessions during the regular school year.

When school let out for the summer, the boy could no longer attend those sessions, so Stroder applied for FMLA leave, hoping to continue working intensely with him on her own.

She tried to get his pediatrician to provide an FMLA certification. When UPS reviewed the form, an HR professional concluded that the doctor hadn’t ...(register to read more)

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