How often do I need a certification for my FMLA family leave?

[ssnyder9704]

My wife has several medical conditions, Fibromyalgia, Anxiety/Depresssion, a Cystosele(due to recent pregnancy). Because she is nursing our newborn son she can not take her normal medication when her Fibromyalgia "flares" up, and the medicine that she can take makes her drowsy and out of it.

So, when my wife is in a lot of pain and stressed out, she needs someone there to help her and to help watch my 5 month old and my 3 year old. That is why I have applied for and recieved Intermittent FMLA Family Leave.

The problem is that my doctor initially filled out the paperwork stating that the expected number and interval between treatments for my wife is "uncertain, intermittent", but my job would not accept it. So, since I had told him that while I wasn't sure, I thought it would be about 1-2 times a month, he put down "uncertain, ~2 days/month".

My original leave request was for 3 months of intermittant leave, in those three months, I averaged about 5-6 days of work effected. (Most of the time it was me going home early, rather than staying home all day, I missed on average about 27 hours of work per month).

So, when I filed a new leave request, with a new medical certification, my HR Director suggested that I talk to my wife's doctor to adjust the expected number and interval between "flare" ups from "uncertain, ~2 days/month", to an approximate interval closer to what I had been using.

So, my doctor filled out another form with "uncertain about 5 days/month".

That was at the beginning of the current month. So far this month, I've missed the following time:

I've had to leave work early 3 times (11.0 hours missed)
I've had to come in late 1 time (2.0 hours missed)
and then I was out for two complete consecutive dayes (16.0 hours missed)

They've asked me to submit a new certification of health care provider, with the implied threat that if I don't they will not consider any more than 5 days approved.

My wife's fibromyalgia is the key factor in all of this, and if we have 8 different cold fronts move in during a month she will be flared up 8 different times. If she gets a bad night sleep, then she will have a bady day the next day. There is truly no limit and no way to predict how often she will need me home, and with her depression feeding off of her pain and guilt, I do not want her by herself with our kids if she's flared up.

I get the feeling that my doctor will be happy to fill out a new form and replace "about 5 days a month" with 7 or 10 or 30 days a month, but I'm not sure what to do.

Can they require that he put a numerical rate per month? Can he just say "uncertain", or "~1-2 days per month plus the number of bad weather days"


We just need to get through the next two and half months. We want to breast-feed until our son is 6 months old, after that she will be able to take more effective and less disabling medication to treat all of her health issues.

What can I do?

 

[cbg]

Intermittant time off IS permitted under FMLA. So there's no reason for them not to accept something on the order of 1-2 days a month.

But if you are taking more than that, they are within their rights to ask for new certification.

If you've had as many absences, tardies or leaving earlies as you say, and the certification says one-two days a month, I'm not surprised they're asking for a new cert. I would be do.

I would keep away from mentioning bad-weather days. While I understand the significance, bad-weather is not protected under FMLA so even if bad weather is causing flare-ups, you do NOT want to give them any reason to suggest that you are using her condition as an excuse to avoid coming in on bad weather days.

 

[ssnyder9704]

I was only mentioning the bad weather days to try to explain that we do not know how many days off per month she will need. The doctor was uncomfortable with putting an expected date range in the beginning just because of the uncertanity.

Our current med cert says, "uncertain about 5 days per month" in one spot and "~5 days/mo" in another spot, and they've asked for a new one because I've had six days effected. I'm sure that the doctor would have no problem writing down "uncertain, ~0-30days per month in the slot". But my point is, we are not likekly to use more than 7 days this month and less next month and hopefully none the month after that. My four month average usage is still just under 6 days per month, and I think that having an average of more than 5 and less than 6 is covered by "about 5 days a month".

I'm just worried that I will get a med cert that says "uncertain 0-8 days a month" or 0-10 days a month, and their going to look for some other reason to deny the leave....

 

[calalily]

have you gone and checked out your rights under FMLA? Have the doctor cerify more days,them if you don't need them that is okay and if you do you are covered. Do remember you are only allowed a certain amount of days per year so watch your totals.
http://www.dol.gov/esa/regs/compliance/posters/pdf/fmlaen.pdf
The employer may ask for certification any time there appears to be a change in status.

 

[cbg]

I understand why you mentioned bad weather days to me. I'm trying to explain why you should not mention them to the employer.