December 15, 2017

FMLA Second Opinion Not Enough to Reject Medical Leave

FMLA Second Opinion Not Enough to Reject Medical Leave

The Federal Medical Leave Act (FMLA) allows for a second opinion or third opinion when a client has concerns about the employee’s medical certification. You must be prepared to have a third certificate ready when asking for a second opinion. In 2008, the FMLA changed how they handle maternity leave and the options available. The changes affected women when it is their first time trying to claim FMLA assistance, and they came into effect in 2009. The act calls for a second opinion, if wanted, a third. FMLA is unpaid assistance, so you will only get what FMLA allows and you won’t get paid by your employer as well. FMLA is not available if the woman works for a company with less than 50 employees.

Additional information at:

HRMorning.com

Changes in FMLA Limit Maternity Leave Options

FMLA Forms You Need To Take Leave From Your Job

If you are contemplating taking a necessary break from employment by initiating the Family Leave and Medical Act you may already be aware that it will only be possible if you fall under a specific category designated in this regulation. Once you are certain that you meet the basic criteria you will then need to get hold of the right FMLA forms you need to take leave from your job, some of which are to be filled in by the employer and some by the employee.

Fmla Forms

The FMLA has strict guidelines that outline the necessary paperwork that needs to be submitted to ensure you are granted the twelve weeks of unpaid leave that you may be entitled to under this scheme. It is vital that you understand exactly what these documents are as otherwise you may find that the employer refuses to grant you time off or you may end up losing your job.

First of all there is form WH-1420. This is a general notice poster which combines the past policy requirements. It is stated in the regulations that this notice must be posted conspicuously.

Next there is the eligibility notice, this is Part A of the form WH-381. It informs employees whether they are eligible for leave under the FMLA. The rules dictate that this notice must be given to the employee in a period no longer than five working days after the employee has first made the request for leave. There is a space on the form for an employer to provide information to the staff member if they believe they are not qualified to take up FMLA leave.

If an employee is eligible for FMLA leave they must be given part B of the form WH-381, this is sometimes referred to as the right and responsibilities notice. This document gives information to the employee relating to other obligations that need to be met to qualify for leave. This can include such information as indicating if certification is necessary or if there is a policy put in place by the company dictating whether paid leave can be included within the remit of FMLA leave.

Another important form is WH-382. This is given to the staff member requesting leave and is called a designation notice. It basically informs whether or not the leave has been approved or denied. This needs to be presented to the employee no later than five business days after the relevant information has been collected to make the decision. At this time the employee may also be told that to return to their position after the allotted time has passed they will need a fitness for duty certificate.

If the FMLA leave is being enacted due to poor health there is a requirement to submit a WH-380-E form, whereas if the leave is because of a medical condition relating to an employee family member’s bad health there is the need for them to submit a WH-380-F form.

It is important to stay up to date with the requirements governing the FMLA as the forms that are needed by law can change form one year to the next. As long as you fit the correct criteria and have the correct documentation there is no reason to think your application would be turned down.

For more information, click here: http://www.purdue.edu/hr/LeadingEdition/LEdi_104_fmla2.html