FMLA

  1. Does anyone know: Does an employer have the right to require that an employee needing to inititate FMLA have the doctor fill out the papers and get those papers back to the employer within 2 weeks?

    Naturally, I can't find this little tidbit of information on any website and the operator who just answered my call at Dept of Labor didn't know. She referred me to a local DOL phone # but no one live answers there.

    I wonder if the employer can actually limit to 2 weeks the time one has to file FMLA papers. Thanks for your help.
  2. Visit Vito Andolini profile page

    About Vito Andolini

    Joined: Jun '08; Posts: 1,489; Likes: 1,704

    11 Comments

  3. by   cherrybreeze
    I am not sure I'm understanding exactly what you're asking.......
    Do you mean the time from when you file to when the doctor submits the paper work? It's kind of hard to control how fast the doc's office gets their papers in. Where I work, once you file your request, they kind of take it and run. They fax the request to the MD office once you sign the release, and go from there.

    Am I getting that right?
  4. by   Nursetastic
    It sounds like a company policy as opposed to a part of the FMLA requirements. And, yes, a company can put time frames on how long they will hold your job without you providing the necessary documentation to justify the absences. I have managed companies with up to 300 employees and have never had an issue with staff returning paperwork in a timely manner. If the FMLA is justified, the MD (and the employee) will have no problem filling out the paperwork in an effort to help support members maintain employment.
  5. by   Straydandelion
    You may have found this already but will post it anyway for a just in case:

    http://fmlaonline.com/
  6. by   SuesquatchRN
    It's true, Vito. I just went though it.
  7. by   LLLLiiiFFEsaveer
    Have you been in contact with the good people of your Human Resources Department? They should be able to help, extend the time-frame if needed, and keep management up-to-date on your situation for you. They really should be there for you now... Thats their job.

    I hope your FMLA goes well, and things get back on track for you soon...

    Regards
  8. by   Vito Andolini
    Quote from Straydandelion
    You may have found this already but will post it anyway for a just in case:

    http://fmlaonline.com/
    Thanks, this is a great site!!!
  9. by   Vito Andolini
    Quote from RNHopeful2009
    It sounds like a company policy as opposed to a part of the FMLA requirements. And, yes, a company can put time frames on how long they will hold your job without you providing the necessary documentation to justify the absences. I have managed companies with up to 300 employees and have never had an issue with staff returning paperwork in a timely manner. If the FMLA is justified, the MD (and the employee) will have no problem filling out the paperwork in an effort to help support members maintain employment.
    Hi, RNHopeful2009, just to clarify - I'm not talking about them holding my job. I'm wondering why they give an employee only 2 weeks to get the doctor to fill out the initial papers. In other words, why do they care how long it takes? What happens if you don't meet the 2 week deadline? I know - turn into a pumpkin, LOL.

    No, but you know what I mean.
  10. by   Jolie
    Yes, they have the ability to set their own guidelines on the timing of paperwork, physician statements, employee intent to return to work, payment of the employee's portion of benefit premiums, etc.

    The federal law establishing FMLA allows employers quite a bit of leeway in establishing P&P regarding how the law is implemented by each individual employer, and for the most part, this is not unreasonable. Staffing must be found, schedules filled, budgets adhered to, etc.

    You can (and should) contact HR for a copy of the institution's FMLA P&P. It will spell out all of the rights and responsibilities of the employee that must be followed to protect one's job and avoid being billed in full for benefits.

    As for your question in the previous post, if the employee does not make a good faith effort to complete paperwork on time, the employer can "charge" missed days as unprotected absences, rather than having them protected as FMLA leave time. Most physicians understand the need to complete paperwork in a timely manner. If yours is not doing so, then try to gain the assistance of an office nurse or office manager to speed things along. If that doesn't work, contact HR and notify them of your difficulty. If you give HR permission to contact your doctor's office directly, it may expedite the process.
  11. by   CaseManager1947
    What I did was take them with me to the physician appointment, and he completed them right there... it depends upon the office. Some offices require you to PAY them for completing and signing the darn things, too. Grrrrrrrrrrrrr!
  12. by   NRSKarenRN
    :typing Just signed off on one tonight...



    Employees must fill out two forms when they request family medical leave:
    1. The FMLA Medical Certification Form: The employee’s healthcare provider must complete a certification form in order to ensure the validity of the employee’s, or the employee’s immediate family members, serious health condition. The employee must return the certification within 15 calendar days of receiving the form.
    2. The FMLA Notification Form: An employer must provide this form to the employee within two days of a leave request
    Last edit by NRSKarenRN on Apr 16, '09
  13. by   I1tobern
    Didn't see if anyone answered this. But, actually you have to return the paperwork in 15 days.

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