Monday, September 3, 2007

FMLA Certification Form

The FMLA Certification Form does not have to be the WH-380 that the USPS likes to use. In fact, it doesn't have to be a "Form" at all. If the doctor gives all the pertinent information on his letterhead and signs it, that can be just as good. Regulation 825.306 explains what information the doctor needs to provide. It also explains that management cannot ask for more information.
I had an FMLA Regional Coordinator send a letter to an employee telling him to resubmit for FMLA certification within 10 days and that there needed to be documentation from the doctor explaining why the employee's leave had to be connected to a weekend every time he was out.
I had the employee resubmit the FMLA but told him not to give the coordinator the extra information he asked for. Also, I filed, and won, a grievance because it was illegal for the coordinator to ask for that extra information plus ask for re-certification to be given within 10 days instead of 15. I got the employee $40 for the office visit plus mileage.

No comments: